SOUTHWEST  PACIFIC 


RAILROAD    COMPANY. 


ATLANTIC    &    PACIFIC 


RAILROAD    COMPANY. 


Statutes,  Conveyances  and  Documents. 


STOCK  HOLDER  JOB  PRINTING  OFFICE, 
73   "William    Street. 

1807. 


SOUTHWEST  PACIFIC 


RAILROAD    COMPANY. 


ATLANTIC    &    PACIFIC 


RAILROAD    COMPANY. 


Statutes,  Conveyances  and  Documents. 


STOCKHOLDER  JOB  PRINTING  OFFICE, 
VS  "William   Street. 

1867. 


0  0   { 


CONTENTS. 

1 .  Organization  of  the  Southwest  Pacific  Railroad i. 

2.  Officers  of  the  Southwest  Pacific  Railroad 1 

3.  Organization  of  the  Atlantic  and  Pacific  Railroad 3 

4.  Officers  of  the  Atlantic  and  Pacific  Railroad 5 

5.  Historical  Memoir  of  the  Southwest  Pacific  Railroad 7 

6.  Act  of  Congress  granting  right  of  way  and  public  lands  to  the  State 

of  Missouri.    Approved  June  10th,  1852 18 

7.  Act  of  Congress  supplemental  to  Act  granting  lands,  &c.,  to  the 

State  of  Missouri .    Approved  June  5th,  1862 16 

8.  Act  of  General  Assembly  of  Missouri  accepting  grant  from  Congress, 

and  applying  same  to  this  road.    Approved  December  25th,  1852.        17 

9.  Act  of  the  General  Assembly  of  Missouri  to  secure  the  completion  of 

certain  Railroads.    Approved  December  10th,  1855 20 

10.  Act  of  the  General  Assembly  of  Missouri  to  provide  for  the  sale  of 

cei  tain  Railroads,  &c.    Approved  February  19th,  1866 21 

11.  Act  of  the  General  Assembly  of  Missouri  supplemental  to  an  Act  to 

provide  for  the  sale  of  certain  Railroads,  &c.    Approved  March 

19th,  1866 82 

13.    Act  of  the  General  Assembly  of  Missouri  incorporating  the  purchaser 

or  purchasers  of  any  Railroad,  &c.    Approved  March  20th,  1866. .        34 

13.  Notice  of  Sal  e  of  the  Southwest  Pacific  Railroad 37 

14.  Proposal  of  J.  C.  Fremont  for  the  purchase  of  the  Southwest  Pacific 

Railroad  and  contract  thereon 41 

15.  Power  of  Attorney.    J.  C  Fremont  and  wife  to  James  Taussig 51 

16.  Deed  of  the  State  of  Missouri  to  J.  C.  Fremont 53 

17.  Mortgage  by  J.  C.  Fremont  and  wife  to  the  State  of  Missouri 56 

18.  Deed  of  J.  C.  Fremont  and  wife  to  the  Southwest  Pacific  Railroad 

Company 60 

19.  Mortgage  of  Southwest  Pacific  Railroad  Company  to  Trustees 63 

20.  Note  of  Merger  with  the  Atlantic  and  Pacific  Railroad  Company 74 


O  R  G-  A  N  I  Z  AT  I  O  1ST 


SOUTHWEST   PACIFIC    RAILROAD    COMPANY, 

Under  Act  of  General  Assembly  of  Missouri,  approved 
March  20th,  1866. 


CAPITAL     STOCK, 

80,000  Shares,  S10O  each,          .      88,000,000 


Mortgage  Bonds,       .      .       .    S7,25O,OOO 
IN    SUMS   OF    $1,000    EACH. 

Issued  at  the  rate  of  $25,000  per  mile  upon  Completed  Road. 
Guaranteed  by  the  "  Atlantic  and  Pacific  Railroad  Company." 


LENGTH    OF    ROAD. 

Completed,  .....  90  Miles 

In  progress,  •  *  •  .  200       " 

290  Miles 


Number  of  Acres  embraced  in  Land-Grant. 

(One  million  two  hundred  and  fifty  thousand),     1,250,000 
Of  which  there  has  been  sold     .  .  200,000 


BALANCE  UNSOLD,  .  ;  ;  1,050,000  Acres 

Embracing  Agricultural  and  Mineral  lands. 
JANUARY,  1867. 


OFFICE ES 

OP    THE 

SOUTHWEST  PACIFIC  RAILROAD  COMPANY, 

1866-'67. 

DOARD    OF  DIRECTORS. 

GEN'L  JOHN  C.  FREMONT,      FREDERICK  BILLINGS, 
CHARLES  H.  WARD,  LEVI  PARSONS, 

E.  F.  BEALE,  J.  P.  ROBINSON, 

JOSIAH  CALDWELL,  JAMES  TAUSSIG, 

CHAS.  ZAGONYI,  A.  JACOBS, 

J.  J.  GRAVELY,  S.  H.  BOYD, 

GEORGE  T.  M.  DAVIS. 


PRESIDENT: 

GEN'L  JOHN    C.    FREMONT, 

VICE-PRESIDENT: 

HON.    LEVI    PARSONS, 

TREASURER: 

WILLIAM    A.    STEPHENS. 

SECRETARY: 

C.    F.    MANSON. 

CHIEF    ENGINEER: 

J.    P.    ROBINSON, 

SUPERINTENDENT: 

WILLIAM     A.    PILE. 

AGENT    OF    LAND    DEPARTMENT: 

A.    ALBERT. 


Office.  54   William   Street,  New- York. 


O  R  G-  A  N  I  Z  AT  I  O  1ST 

OF    THE 

ATLANTIC  AND  PACIFIC  KAILROAD  COMPANY, 

Under  Act  of  Congress  approved  July  27th,  1866. 


CAPITAL    STOCK, 
$100,000,000, 

One   Million  Snares,  of  10O   Dollars  each. 


Mortgage  per  mile  to  be  regulated  by  Act  of  Congress. 


LENGTH  OF  EOAD,   .         i         i         2,000  MILES, 


Number  of  Acres  embraced  in  Land-Grant. 
(Mfty-five  millions),          .          .  55,000,000. 

JANUARY,  1867, 


OFFICERS 


OF    THE 


ATLANTIC  AND  PACIFIC  RAILROAD  COMPANY. 


JOHN  C.  FREMONT,  NEW-YOBK. 
Hex.  LEVI  PARSONS,  " 

PAUL  S.  FORBES,  " 

HENRY  H.  WARD,  « 

ROBERT  L.  CUTTING,  " 

LEONARD  W.  JEROME,  « 

CHARLES  H.  WARD,  « 

J.  P.  ROBINSON,  « 

CHARLES  GOULD, 

DANIEL  R.  GARRISON,  ST.  Louis,  Mo. 
E.  W.  FOX. 

FREDERICK  BILLINGS,  CALIFORNIA. 
L.  L.  ROBINSON, 

PRESIDENT: 

GEN'L  JOHN    C.   FREMONT,  New-York. 

ASSISTANT    PRESIDENT: 

HON.   LEVI  PARSONS,   New-York. 

FIRST    VICE-PRESIDENT: 

DANIEL  R.   GARRISON,  Missouri 

SECOND    VICE-PRESIDENT: 

L.    L.    ROBINSON,    California. 

SECRETARY: 

CHARLES    H.    HOWLAND,  Missouri. 

TREASURER: 

WM.  A.  STEPHENS,  New-York. 


Office,  54:   William   Street,  New- York- 


HISTOEIOAL  MEMOIR 


OF  THE 


SOUTHWEST  PACIFIC  RAILROAD, 


PKEVIOFS  to  1850,  little  or  no  attention  had  been  given  to  the 
subject  of  internal  improvements  in  the  State  of  Missouri.  A 
Board  of  Improvement  had  been  created  in  1840,  but  nothing 
further  was  done  than  to  make  a  survey  for  a  railroad  from  St. 
Louis  to  the  Iron  Mountain,  by  the  way  of  Big  river,  and  some 
surveys  of  the  Osage  river,  with  a  view  of  improving  its  navi- 
gation. 

The  subject  of  a  railroad  across  the  continent  having  been  dis- 
cussed in  various  quarters,  for  several  years,  Col.  Benton,  then 
United  States  Senator  for  Missouri,  on  the  7th  of  February, 
1849,  introduced  a  bill  into  the  United  States  Senate  to  provide 
for  the  location  and  construction  of  a  central  national  road  from 
the  Pacific  ocean  to  the  Mississippi  river — to  be  an  iron  railway 
where  practicable,  and  a  wagon  road  where  a  railway  was  not 
practicable — and  proposed  to  set  apart  seventy-five  per  cent,  of 
the  proceeds  of  the  sales  of  the  public  lands  in  Oregon  and 
California,  and  fifty  per  cent,  of  the  proceeds  of  all  other  sales 
of  the  public  lands,  to  defray  the  cost  of  its  location  and  con- 
struction. 

On  the  20th  February,  a  spirited  public  meeting  was  held  at 
the  court-house  in  St.  Louis,  and  a  series  of  resolutions,  intro- 
duced by  Thomas  Allen,  was  adopted,  requesting  the  Legis- 
lature, then  in  session,  to  grant  a  charter  and  right  of  way,  &o.9 


for  a  railway  across  the  state,  from  St.  Louis  to  the  western 
boundary. 

On  the  12th  of  March,  1849,  a  charter  was  granted,  providing 
for  a  capital  of  $10,000,000,  and  with  "power  to  survey,  mark, 
locate  and  construct  a  railroad  from  the  city  of  St.  Louis  to  the 
city  of  Jefferson  ;  and  thence  to  some  point  on  the  western  line 
of  Van  Buren  county,  in  this  state,  with  a  view  that  the  same 
may  be  hereafter  continued  westwardly  to  the  Pacific  ocean." 
The  corporators  named  in  the  charter  were  John  O'Fallon,  Louis 
V.  Bogy,  James  H.  Lucas,  Edward  "Walsh,  George  Collier, 
Thomas  B.  Hudson,  Daniel  D.  Page,  Henry  M.  Shreve,  James 
E.  Yeatman,  John  B.  Sarpy,  "Wayman  Crow,  Joshua  B.  Brant, 
Thomas  Allen,  Robert  Campbell,  Pierre  Chouteau,  Jr.,  Henry 
Shaw,  Bernard  Pratte,  Ernst  Angelrodt,  Adolphus  Meier,  Louis 
A.  Benoist  and  Adam  L.  Mills. 

At  this  time  not  a  single  railroad  touched  St.  Louis  on  either 
Bide  of  the  Mississippi  river,  nor  was  any  built  in  the  vicinity. 
The  Erie  Railroad  was  not  completed,  and  enly  7,000  miles  of 
railroad  had  been  constructed  in  the  United  States.  At  that 
time  there  were  large  bodies  of  public  land  in  the  state  open  to 
private  entry,  29,216,000  acres  as  was  stated  in  the  memorial  to 
Congress,  remaining  unsold. 

The  following  gentlemen  were  elected  directors  for  the  first 
year:  Thomas  Allen,  James  II.  Lucas,  D.  D.  Page,  Edward 
"Walsh,  George  Collier,  James  E.  Yeatman,  L.  M.  Kennett,  Louis 
A.  L:ibc:iunie  and  James  Harrison.  The  preliminary  surveys 
were  commenced  on  the  24th  May,  and  were  closed  on  the  29th 
November,  1850. 

Five  different  lines  were  surveyed,  embracing  in  the  whole 
over  800  miles  of  survey.  Taking  into  consideration  as  well  the 
estimated  cost  of  construction  of  the  different  lines,  as  the  pro- 
bable need  of  a  branch  to  the  Iron  Mountain,  and  to  the  south- 
west part  of  the  state,  the  location,  by  Mill  creek  valley,  valley 
of  the  River  Des  Peres,  and  by  the  valley  of  the  Meramec,  was 
adopted  on  the  18th  of  June,  1851. 

The  first  division  of  the  road  (33  miles)  having  been  put  under 
contract,  the  first  spadeful  of  earth  was  removed,  in  the  absence 
of  the  governor,  by  the  then  mayor  of  the  city,  Mr.  Kennett,  on 
the  4th  of  July,  in  the  presence  of  a  large  and  enthusiastic 
audience,  who  were  first  addressed  by  the  president  and  lion. 
Edward  Bates.  This  memorable  event  took  place  at  a  point  on 


9 

the  south  bank  of  Chouteau  Pond,  on  Mr.  Minckes'  ground,  west 
of  Fifteenth  street. 

In  the  winter  of  1850-'51,  a  plan  for  a  complete  system  of 
railroads  for  the  state  was  laid  before  the  Legislature  by  Thomas 
Allen,  president  of  the  road,  who  had  been  elected  to  the  state 
senate,  and  including  a  form  of  state  aid  by  a  loan  of  the  public 
credit.  This  plan,  which  was  soon  adopted  w^ith  some  variation 
of  starting  points,  contemplated  the  issue  of  state  bonds  to  the 
railroad  company  to  an  amount  equal  to  the  amount  first  to  be 
advanced  by  the  stockholders,  the  company  agreeing  to  pay  the 
interest  and  principal  of  the  bonds,  and  the  state  reserving  a  first 
lien  on  the  road  as  security.  The  first  act  was  approved  Feb- 
ruary 22d,  1851,  and  provided  for  the  issue  to  the  extent  of  two 
millions  of  state  bonds  to  the  Pacific  Railroad  Company,  in  sums 
of  $50,000,  upon  satisfactory  evidence  being  furnished  to  the 
governor,  at  each  application,  that  a  like  sum  of  $50,000  had 
been  expended  by  the  company,  derived  from  sources  other  than 
state  bonds ;  and  provided,  that  the  bonds  should  not  be  sold 
below  par.  These  bonds  having  twenty  years  to  run,  and  bear- 
ing six  per  cent,  interest,  were  sold  for  a  premium  for  more  than 
a  year  and  a  half,  and  some  were  sold  as  high  as  110.  Some 
important  amendments  to  the  charter  were  granted  at  the  same 
session,  by  an  act  approved  March  1,  1851. 

Congress,  on  the  10th  June,  1852,  passed  an  act  granting  to 
the  state  of  Missouri  the  alternate  sections  of  land  in  a  strip  six 
sections  in  width  on  each  side  of  the  line,  for  the  construction  of 
a  railroad  from  St.  Louis  to  the  western  boundary  of  the  state. 
So  largely,  however,  had  individuals  entered  the  public  lands  the 
previous  year  or  two,  in  consequence  of  the  railroad  surveys, 
that  it  was  found  that  the  grant  would  be  of  little  value  for  con- 
structing a  railroad  in  a  direct  line  westward  from  St.  Louis  to 
the  western  boundary.  Therefore,  in  view  of  the  immense  dis- 
trict of  country  lying  at  the  south-west,  known  to  be  desirable 
in  soil,  climate  and  minerals,  yet  theretofore  inaccessible,  and  also 
in  view  of  the  probability  that  a  good  route  for  the  NATIONAL 
ROAD  to  California  might  be  found  along  the  35th  parallel,  it 
was  deemed  advisable  to  make  a  fork  in  the  line  of  road,  and 
run  one  branch  nearly  west  in  the  direction  of  Kansas,  via  the 
state  capital,  and  the  other  fork  in  the  southwestern  direction. 
To  the  road  from  St.  Louis  to  the  point  of  divergence  from  the 
main  line,  and  thence  to  the  southwest  boundary  of  the  state, 


10 

the  state  granted  the  lands  by  the  act  ot  December  20th,  1852, 
without  bonus,  and  with  an  exemption  from  taxation  until  the 
road  could  pay  a  dividend;  and  with  also  a  further  loan  of 
$1,000,000  to  the  Kansas  branch,  and  $1,000,000  to  the  South- 
west Road.  The  right  of  pre-emption  to  actual  settlers  already 
on  the  lands,  at  $2.50  per  acre,  was,  however,  reserved. 

Mr.  Allen,  president  of  the  company,  was  appointed  the  agent 
of  the  state  to  select  the  lands,  and  for  that  purpose  he  went  to 
Washington  City.  The  lands  selected,  and  the  schedule  of 
which,  as  furnished  by  the  General  Land  Office,  has  the  force  of 
a  patent,  amounted  to  about  1,200,000  acres. 

About  this  time  provision  was  made  by  law  providing  for  a 
geological  survey  of  the  state,  and  $10,000  a  year  for  two  years 
was  appropriated  for  that  object.  One  of  the  consequences 
which  has  flowed  from  that  law  is,  the  accompanying  interesting 
report  of  the  state  geologist,  upon  the  geology  of  the  country, 
rich  in  minerals,  through  which  the  Southwest  Pacific  Railroad 
is  located. 

It  was  on  the  31st  March,  1853,  that  Congress  provided  for 
such  explorations  and  surveys  as  the  War  Department  might 
deem  advisable,  in  order  to  ascertain  the  most  practicable  and 
economical  route  for  a  railroad  from  the  Mississippi  river  to  the 
Pacific  Ocean.  Very  soon  after,  Mr.  Allen,  beinsr  then  in  Wash- 
ington, and  believing  a  route  in  that  direction  practicable,  pro- 
posed to  the  Secretary  of  War  to  make  a  survey,  without  expense 
to  the  government,  for  a  railroad  through  southwestern  Missouri, 
and  thence  by  the  way  of  the  Canadian  river  and  Albuquerque, 
<fcc.,  to  California,  which  route  has  been  since  travelled  in  part 
for  some  years  by  the  overland  mail. 

In  1852,  Thomas  S.  O'Sullivan,  Esq.,  having  been  elected  chief 
engineer,  on  the  resignation  of  Mr.  Kirk  wood,  the  Southwest 
Branch  was  surveyed  and  located,  under  the  immediate  charge 
of  his  assistant,  James  K.  Ford,  Esq. 

In  July,  1853,  the  first  division  was  opened  from  St.  Louis  to 
Franklin,  thirty-eight  miles.  In  the  spring  of  that  year,  the 
president  being  then  in  New  York,  a  contract  was  made  with 
Diven,  Stancliff  &  Co.,  for  the  construction  of  the  whole  South- 
western Road.  A  meeting  of  stockholders  was  held  at  Mercantile 
Library  Hall,  and  it  was  proposed  that  the  county  of  St.  Louis 
make  an  additional  subscription  of  81,200,000  to  the  capital  stock 
of  the  company,  to  be  paid  by  taxation  within  four  years,  and 


11 

that  the  stockholders  claim  no  exemption  from  the  tax,  as  the 
law  allowed,  in  consequence  of  their  being  already  subscribers. 
At  the  election  which  took  place,  on  the  question  of  making  the 
subscription  and  levying  the  heavy  tax  proposed  on  the  part  of 
the  county  of  St.  Louis,  it  was  decided  affirmatively  by  a  vote 
of  3420  yeas  to  1133  nays.  Thus  the  people  of  St.  Louis  made 
themselves  the  ficst  example  in  the  state  under  the  law  author- 
izing the  imposition  of  taxes  for  railroad  purposes. 

On  the  resignation  of  Mr.  Allen,  HUDSON  E.  BRIDGE,  Esq.,  was 
elected  president  April  25,  1854.  The  work  was  pushed  forward 
on  all  the  contracts  to  Jefferson  City  in  1855;  and  in  September, 
the  work  under  the  contract  for  Southwestern  Road  was  also 
commenced. 

A  law  was  passed  on  the  7th  of  December,  1855,  to  secure  the 
prompt  payment  of  the  interest  on  the  state  bonds,  by  requiring 
the  setting  apart  out  of  the  state  treasury,  on  the  1st  July,  1856, 
the  sum  of  $200,000  as  a  basis  of  a  state  interest  fund,  and  the 
further  sum  of  $100,000  annually  for  thirteen  years.  The  treas- 
urer and  auditor  of  the  state  were  made  commissioners  of  this 
fund ;  and  in  case  any  railroad  company  failed  to  deposit  with 
the  treasury  of  the  state  a  sufficient  sum  to  meet  the  interest 
upon  any  state  bonds  loaned  to  them  thirty  days  before  the 
interest  becomes  due,  the  auditor  is  required  to  pay  out  of  the 
fund  to  the  treasurer  a  sum  sufficient  to  pay  the  interest  as  it 
falls  due,  such  sum  to  be  refunded  by  the  delinquent  railroad 
company,  under  penalty  of  receiving  no  more  bonds  and  forfeit- 
ing their  road  to  the  state. 

The  security  of  the  state,  being  the  first  lien,  was  based  not 
only  upon  the  roads  themselves  and  their  appurtenances,  but  also 
upon  large  grants  of  land,  amounting  to  over  two  millions  of 
acres,  of  which  the  fee  simple  title  has  absolutely  passed  by  act 
of  Congress  and  the  decision  of  the  general  land  office.  For  a 
breach  of  the  conditions  of  the  acts  under  which  state  aid  was 
granted  to  the  several  roads,  the  sale  of  several,  among  them  the 
Southwest  Branch,  now  known  as  the  Southwest  Pacific  Rail- 
road, was  decreed  by  statutes  of  the  state,  the  text  of  which  is 
hereto  subjoined.  The  various  documents  connected  with  the 
sale  of  the  road  and  its  transfer  to  the  present  Southwest  Pacific 
Railroad  Company  are  also  herewith  printed. 

Inasmuch  as  this  road  is  to  become  and  to  be  known  as  the 
Missouri  Division  of  the  Atlantic  and  Pacific  Railroad,  chartered 


12 

by  act  of  Congress  approved  July  27th,  1866,  the  guaranty  of 
the  latter  company  has  been  affixed  to  the  bonds  of  the  South- 
west Pacific  Railroad.  The  broader  land  grant  of  the  Atlantic 
and  Pacific  Company,  ten  alternate  sections  on  either  side  of  the 
road  within  the  limits  of  Missouri  and  twenty  sections  from 
the  western  boundary  of  the  state  to  the  Pacific  ocean, 
covers  a  portion  of  the  route  of  the  Southwest  Pacific  in 
Missouri.  In  view  of  which  the  names  of  the  officers  and 
board  of  directors  of  the  former  company  are  published  here- 
with, the  organization  having  been  fully  completed  in  accord- 
ance with  the  act  of  Congress  and  certificate  thereof  filed  in  the 
Department  of  the  Interior,  according  to  the  requirements  of  the 
statute.  The  preliminary  steps  for  a  merger  of  the  two  com- 
panies have  already  been  taken.  The  land  grant  in  aid  of  the 
construction  of  the  Atlantic  and  Pacific  Company  embraces 
about  55,000,000  acres  in  Missouri,  the-  Indian  Territory,  Xew 
Mexico,  Arizona  and  California.  The  route  enters  ai  ; 
along  the  zone  of  fertile  land  which,  as  the  thirty-fourth  parallel 
of  latitude  is  approached,  extends  some  350  miles  farther  i 
than  such  land  is  found  to  the  northward  of  that  vicinity,  even 
to  the  forty-ninth  parallel  of  latitude,  where  the  nine! y->e\ enth 
meridian  is  the  general  \\estern  limit  of  the  arable  belt.  The 
Missouri  Division  of  this  givat  line  between  the  Missouri  river 
at  St.  Louis  and  the  Pacific,  as  well  from  its  local  as  from  its 
contemplated  through  traffic,  must  be  deemed  one  of  the  most 
valuable  sections  of  railway  in  the  country.  For  the  business 
of  the  region  it  serves  it  nowhere  encounters  competition  from 
navigable  waters;  and  having  been  a  favored  line  in  Missouri, 
the  recipient  of  aid  both  in  money  and  lands,  it  may  be  said, 
so  far  as  parallel  or  rival  projects  are  concerned,  that  very 
many  years  must  elapse  before  even  the  boldest  projectors  will 
seek  to  confront  the  formidable  expenditure  already  represented 
in  the  cash  and  land  capital  of  the  road. 


13 


CHAPTER  XLV. 

An  Act  granting  the  Right  of  Way  to  the  State  of  Missouri, 
and  a  portion  of  the  Public  Lands,  to  aid  in  the  construction 
of  certain  Railroads  in  said  State. 

JBe  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled : 

That  the  right  of  way  through  the  public  lands  be,  and  the  same 
is  hereby  granted  to  the  State  of  Missouri,  for  the  construction  of 
railroads  from  the  town  of  Hannibal  to  the  town  of  St.  Joseph, 
in  said  state,  and  from  the  city  of  St.  Louis  to  such  point  on  the 
western  boundary  of  said  state,  as  may  be  designated  by  the  au- 
thority of  said  state,  with  the  right  also  to  take  necessary  materials 
of  earth,  stone  and  timber  for  the  construction  thereof  from  the 
public  lands  of  the  United  States  adjacent  to  said  railroads  ; 
provided,  that  in  locating  the  railroads  aforesaid,  and  assigning 
the  limits  to  the  easement,  no  more  land  shall  be  taken  from  the 
"United  States  than  is  necessary  for  a  convenient  construction  and 
use  of  said  roads  as  public  ways  for  transportation,  including 
stations,  with  the  usual  buildings  of  all  kinds,  turnouts  and  such 
other  appurtenances  as  are  usually  enjoyed  by  railroad  com- 
panies, and  a  copy  of  the  location  of  said  roads,  made  under  the 
direction  of  the  Legislature,  shall  be  forwarded  to  the  proper 
local  land  offices  respectively,  and  to  the  general  land  office  at 
Washington  city,  within  ninety  days  after  the  completion  of  the 
same,  to  be  recorded. 

SEC.  2.  And  be  it  further  enacted,  That  there  be  and  is  hereby 
granted  to  the  State  of  Missouri,  for  the  purpose  of  aiding  in 
making  the  railroads  aforesaid,  every  alternate  section  of  land 
designated  by  even  numbers,  for  six  sections  in  width  on  each 
side  of  said  road ;  but  in  case  it  shall  appear  that  the  United 
States  have,  when  the  line  or  route  of  said  roads,  or  either  of 
them,  shall  be  definitely  fixed  by  the  authority  aforesaid,  sold 
any  section  or  any  part  thereof  granted  as  aforesaid,  or  that 


14 

the  right  of  pre-emption  has  attached  to  the  same,  then  it  shall 
be  lawful  for  any  agent  or  agents  to  be  appointed  by  the  governor 
of  said  state,  to  select,  subject  to  the  approval  of  the  Secretary 
of  the  Interior,  from  the  lands  of  the  United  States  most  con- 
tiguous to  the  tier  of  sections  above  specified,  so  much  land  in 
alternate  sections,  or  parts  of  sections,  as  shall  be  equal  to  such 
lands  as  the  United  States  have  sold,  or  to  which  the  right  of 
pre-emption  has  attached  as  aforesaid;  which  lands,  thus 
selected  in  lieu  of  those  sold,  and  to  which  pre-emption  rights 
have  attached  as  aforesaid,  together  with  the  sections  and  parts 
of  sections  designated  by  even  numbers  as  aforesaid,  and  appro- 
priated as  aforesaid,  shall  be  held  by  the  State  of  Missouri  for 
the  use  and  purposes  aforesaid ;  provided  that  the  lands  to  be  so 
located  shall  in  no  case  be  further  than  fifteen  miles  from  the  line 
of  the  road  in  each  case  ;  provided  further,  that  the  lands  hereby 
granted  shall  be  exclusively  applied  in  the  construction  of  that 
road  for  which  it  was  granted  and  selected,  and  shall  '>••  dispOMd 
of  only  as  the  work  progresses,  and  the  same  shall  In-  applied  to 
no  other  purpose  whatsoever;  and  provided  further,  that  any 
and  all  lands  heretofore  reserved  to  the  Unit'  -  by  any 

act  of  Congress,  or  in  any  other  manner  by  competent  authority. 
for  the  purpose  of  aiding  in  any  object  of  internal  improvement, 
or  for  any  other  purpose  whatsoever,  be  and  the  same  are  hereby 
reserved  to  the  United  States  from  the  operation  of  this  act,  ex- 
cept so  far  as  it  may  be  found  necessary  to  locate  the  route  of 
the  said  railroads  through  such  reserved  lands,  in  which  case  the 
right  of  way  only  shall  be  granted. 

SEC.  3.  And  be  it  farther  enacted,  That  the  sections  and  parts 
of  sections  of  land  which,  by  such  grant,  shall  remain  to  the 
United  States,  within  six  miles  on  each  side  of  said  roads,  shall 
not  be  sold  for  less  than  double  the  minimum  price  of  the  public 
lands  when  sold ;  which  lands  shall  from  time  to  time  be  offered 
at  public  sale  to  the  highest  bidder,  under  the  direction  of  the 
Secretary  of  the  Interior,  and  shall  not  be  subject  to  entry  until 
they  shall  have  been  so  offered  at  public  sale. 

SEC.  4.  And  be  it  further  enacted,  That  the  said  lands  hereby 
granted  to  the  said  state  shall  be  subject  to  the  disposal  of  the  Leg- 
islature thereof  for  the  purposes  aforesaid,  and  no  other;  and  the 
said  railroads  shall  be  and  remain  public  highways  for  the  use 
of  the  government  of  the  United  States,  free  from  toll  or  other 


15 

charge  upon  the  transportation  of  any  property  or  troops  of  the 
United  States. 

SEC.  5.  And  be  it  further  enacted,  That  the  lands  hereby  grant- 
ed to  said  state  shall  be  disposed  of  by  said  state  only  in  manner 
following,  that  is  to  say:  that  a  quantity  of  land  not  exceeding 
one  hundred  and  twenty  sections  on  each  road,  and  included 
within  a  continuous  length  of  twenty  miles  of  said  road,  may  be 
sold ;  and  when  the  governor  of  said  state  shall  certify  to  the 
Secretary  of  the  Interior  that  said  twenty  miles  of  said  road  is 
completed,  then  another  like  quantity  of  land  hereby  granted 
may  be  sold ;  and  so  from  time  to  time,  until  said  road  is  com- 
pleted ;  and  if  said  road  be  not  completed  within  ten  years,  no 
further  sales  shall  be  made,  and  the  land  unsold  shall  revert  to 
the  United  States. 

SEC.  6.  And  be  it  further  enacted.  That  the  United  States  mail 
shall  at  all  times  be  transported  on  said  railroads  under  the  di- 
rection of  the  Post  Office  Department,  at  such  price  as  Congress 
may  by  law  direct. 

Approved  June  10th,  1852. 


16 


CHAPTER  XCVIL 

An  Act  supplemental  to  "  An  Act  granting  the  Right  of  Way  to 
the  State  of  Missouri,  and  a  portion  of  the  Public  Lands  to 
aid  in  the  construction  of  certain  Railroads  in  said  State," 
approved  June  tenth,  eighteen  hundred  and  fifty-two. 

Be  it  enacted  by  the  Senate  and  Ilouse  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
time  required  by  the  act  to  which  this  is  supplemental,  for  the 
completion  of  the  road  therein  described,  "  from  the  city  of  St. 
Louis  to  such  point  on  the  western  boundary  of  said  state  as  may 
be  designated  by  the  authority  of  said  state,"  as  well  as  the  time 
of  reversion  to  the  United  States  of  the  lands  thereby  granted  to 
the  state  of  Missouri  for  the  use  of  said  road,  is  hereby  extended 
for  ten  years,  from  the  tenth  day  of  June,  eighteen  hundred  and 
sixty-two:  provided,  that  in  case  said  company  fail  to  complete 
said  road  within  the  time  as  thus  extended,  the  said  lands  shall 
then  revert  to  the  United  States. 

Approved  June  5th,  1862. 


-A.3ST    A.CT 

To  accept  a  grant  of  land  made  to  the  State  of  Missouri  by  the 
Congress  of  the  United  States,  to  aid  in  the  construction  of 
certain  Railroads  in  this  State,  and  to  apply  a  portion  there- 
of to  the  Pacific  Railroad. 

He  it  enacted  by  the  General  Assembly  of  the  State  of  Mis- 
souri as  follows : 

SEC.  1.  That  all  that  portion  of  the  lands  granted  to  this  state 
by  the  act  of  Congress,  entitled,  "An  act  granting  the  right  of 
way  to  the  state  of  Missouri,  and  a  portion  of  the  public  lands 
to  aid  in  the  construction  of  certain  railroads  in  said  state,"  ap- 
proved June  10th,  1852,  so  far  as  the  same  are  applicable  to  the 
construction  of  a  railroad  from  the  city  of  St.  Louis  to  such  point 
on  the  western  boundary  of  this  state  as  may  be  designated  by 
the  Pacific  Railroad  (Company),  and  which  may  be  selected  or 
located  in  conformity  with  the  provisions  of  said  act,  together 
with  all  the  rights  and  privileges  thereto  belonging  or  in  said 
act  granted,  shall  vest  in  full  and  complete  title  in  the  Pacific 
Railroad  (Company),  for  the  uses  and  purposes,  and  subject  to 
the  conditions,  reversion  and  provisions  set  forth  and  contained 
in  said  act  of  Congress  and  in  this  act. 

SEC.  2.  The  Pacific  Railroad  (Company)  may  lay  out,  con- 
struct and  maintain  a  line  of  railway,  or  branch  railroad,  with  a 
single  or  double  track,  from  any  point  on  the  main  line  of  the 
Pacific  Railroad  east  of  the  Osage  River,  to  any  point  on  the 
western  Jboundary  of  this  state,  south  of  the  Osage  River,  which 
the  said  corporation  may  select,  and  for  that  purpose  shall  have 
the  same  rights,  powers  and  privileges,  and  be  subject  to  the 
game  provisions  and  conditions  in  respect  to  the  right  of  way, 
depot  grounds,  water  stations,  engine  houses,  machine  shops, 
stopping  stages,  and  other  buildings,  and  the  use  of  materials, 
and  the  location,  construction,  maintaining  and  operation  of  the 
said  branch  railroad  as  are  made  applicable  to  the  Pacific  Rail- 
road, by  the  act  entitled  "An  act  to  incorporate  the  Pacific  Rail- 


18 

road,"  approved  March  12th,  1849,  and  the  act  amendatory  there- 
of, approved  March  1st,  1851. 

S  !•:<•.  8.  As  soon  as  practicable  after  the  passage  of  this  act, 
the  Pacific  Railroad  (Company)  shall,  at  their  own  expense,  pro- 
ceed to  locate  said  southwestern  line  or  branch  railroad,  and  to 
locate  and  select  the  lands  granted  by  the  said  act  of  Congress, 
by  any  agent  or  agents  they  may  designate,  under  the  appoint- 
ment of  the  governor,  subject  to  the  approval  in  said  act  speci- 
fied, along  the  main  line  of  said  Pacific  Railroad,  from  its  com- 
mencement in  the  city  of  St.  Louis  to  the  point  on  said  main  line 
where  the  said  Southwestern  Branch  shall  diverge,  and  thence 
along  said  southwestern  line  or  branch  railroad  to  the  western 
boundary,  south  of  the  Osage  River.  And  a  copy  of  the  loca- 
tion of  the  aforesaid  part  of  the  main  line  and  of  the  whole  of 
said  Southwestern  Branch  of  the  Pa.-'i-r  Railroad  shall  be  made 
and  certified  by  the  president  and  chief  engineer'  of  said 
and  under  the  corporate  seal  of  said  company,  and  forwa 
to  the  local  land  offices,  and  to  the  general  land  office,  as  in 
said  act  of  Congress  specified, 

SEC.  4.     And  the  said  Pacific  Railroad  shall  apply  the  lands 
granted  as  aforesaid,  or  the  proceeds  thereof,  to  the  construction 
of  the  said  main  line,  from  its  commencement  in  the  city  of  St. 
Louis  to  the  point  of  di\ -i -i^ence  therefrom  of  the  said  Souths 
ern  Branch,  and  to  the  said  Southwestern  Branch,  so  that 
lands  shall  be  applied  to  the  construction  of  a  railroad  from  St. 
Louis  to  the  western  boundary  of  the  state,  south  of  the  Osage 
River,  in  conformity  with  said  act  of  Congress. 

SEC.  5.  For  the  purpose  of  raising  funds  from  time  to  time, 
for  the  construction  and  completion  of  the  said  branch  railroad, 
the  said  company  may  sell  the  said  lands  in  the  manner  provided 
for  by  the  said  act  of  Congress,  and  may  issue  their  bonds  in 
such  sums  as  they  may  deem  proper,  at  rates  of  interest  not  ex- 
ceeding seven  per  cent,  per  annum,  payable  serni-annually,  and 
the  principal  of  said  bonds  payable  at  such  time  and  place  as 
they  may  designate ;  and  may  secure  the  payment  of  said  bonds 
by  mortgage  of  said  lands,  or  any  part  thereof,  to  be  executed  by 
said  company,  and  may  make  the  said  bonds  convertible  into 
land  or  stock  of  the  company  within  such  periods  as  they  may 
prescribe ;  provided,  that  the  faith  of  the  state  is  in  no  manner 
pledged  for  the  redemption  of  said  bonds  or  any  part  thereof; 
and  provided  further,  that  nothing  in  this  act  contained  shall  be 


19 

construed  to  authorize  said  company  to  sell,  dispose  of,  or  apply 
the  said  lands,  or  the  proceeds  thereof,  in  any  other  manner  or  to 
any  other  purpose  than  as  required  and  limited  by  the  said  act 
of  Congress. 

SEC.  6.  The  said  company  shall,  within  one  year  after  the 
said  South  western  Branch  Railroad  shall  have  been  located, 
cause  to  be  made  a  map  and  profile  thereof,  and  a  map  of  the 
land  located  for  the  use  of  said  branch  road,  embracing  also  the 
main  line  of  the  Pacific  Railroad  from  its  connection  with  said 
Southwestern  Branch  to  the  eastern  terminus  thereof,  and  file 
the  same  in  the  office  of  the  secretary  of  state,  and  also  maps  of 
the  parts  thereof  located  in  the  different  counties,  and  cause  the 
same  to  be  recorded  in  the  office  for  recording  deeds  in  the  coun- 
ties respectively  in  which  said  parts  of  said  road  may  be  located. 

SEC.  7.  Each  and  every  person  who,  on  the  tenth  day  of  June, 
one  thousand  eight  hundred  and  fifty-two,  was  the  owner  of  any 
improvement  made  previous  to  that  date  on  any  land  embraced 
in  the  grant  aforesaid,  and  who  became  such  owner  with  a  view 
to  a  residence  on,  or  occupation  of  such  land,  for  agricultural 
purposes,  shall  have  the  right  to  purchase  at  not  exceeding  two 
dollars  and  fifty  cents  per  acre,  subject  to  the  reversion  in  said 
act  provided  for,  a  quantity  of  the  land  so  occupied,  to  be  bounded 
by  the  legal  sub-divisions,  not  exceeding  one  quarter  section,  to 
consist  of  quarter  quarter,  half  quarter  or  quarter  section,  which 
will  include  the  improvement  aforesaid ;  provided,  that  any  per- 
son claiming  the  right  to  purchase  under  the  provisions  of  this 
act,  shall,  within  four  months  from  the  date  of  the  location  of 
the  land,  file  in  the  clerk's  office  of  the  circuit  court  of  the  county 
in  which  the  land  claimed  is  situated,  a  notice  to  the  said  corpora- 
tion of  his,  her  or  their  claims,  describing  the  land  by  its  numbers, 
accompanied  with  an  affidavit  stating  the  date  and  object  of  the 
improvement,  the  time  and  manner  when  and  how  he,  she  or  they 
became  owner  thereof,  and  also  the  affidavits  of  at  least  two  resi- 
dents of  the  county,  proving  the  facts  in  relation  to  such  claim ; 
and provided further  ^  that  the  right  of  way  upon  and  across  any  lot 
of  land  sold  under  the  provisions  of  this  section,  not  exceeding 
two  hundred  feet  in  width,  shall  be  reserved  and  retained  for  the 
passage  of  the  road,  as  the  same  may  be  located  and  constructed ; 
but  no  sale  or  conveyance  of  any  lot  of  land  under  the  provisions 
of  this  section  shall  affect  the  rights  or  equities  of  two  or  more 
parties  claiming  the  same  as  between  each  other. 


20 

SEC.  12.  The  said  Pacific  Railroad  and  the  said  Southwestern 
]>  ranch  1  Jail  road  shall  be  exempt  from  taxation  respectively, 
until  the  same  shall  he  completed,  opened  and  in  operation,  and 
shall  declare  a  dividend,  when  the  road  bed,  buildings,  machinery, 
engines,  cars  and  other  property  of  such  completed  road,  at  the 
actual  cash  value  thereof,  shall  be  subject  to  taxation  at  the  rate 
•d  by  the  state  on  other  real  and  personal  property  of  like 
value. 


SEC.  13.     It  shall  be  lawful  for  any  city,  county  or  incorpo- 
rated company  to  subscribe  to  the  capital  stock  of  the  said  Pacific 
Kail  road,  for  the  purpose  of  aiding  the  construction  of  said  rail- 
road, or  either  of  its  branches,  and  may  issue  the  bonds  of  such 
city,  county  or  company,  to  raise  funds  to  pay  the  stock  thus 
subscribed,  and  appoint  an  agent  to  represent  its  interest,  give 
its  vote,  and  receive  its  dividends,  and  may  take  proper  Btepf 
guard  and  protect  the  interest  of  such  city,  county  or  • 
tion  in  relation  thereto. 

This  act  shall  take  effect  and  be  in  force  from  and  alter  its 
passage. 

Approved  December  25th,  1852. 

.A.CT 


To  secure   the    completion-  of  certain  Railroads  in  this  State 
(Missouri). 


SEC.  28.  In  case  the  Pacific  Railroad  fails  to  complete  the 
said  first  division  of  said  Southwest  II ranch  in  three  years  from 
the  passage  of  this  act,  or  to  pay  the  interest  on  said  gnaran 
bonds,  or  to  hold  the  state  harmless  from  said  guarantee,  then, 
and  in  that  case,  the  said  Southwest  Uraneh  Railroad,  the  lands 
appropriated  to  the  construction  thereof,  belonging  to  the 
railroad  company  at  the  time  of  such  default,  and  all  appurte- 
nances and  franchises,  shall  at  once,  by  operation  of  law,  and 
without  any  process  or  proceeding,  become  the  property  of  the 
state,  subject  only  to  the  aforesaid  mortgage.  And  the  governor 
of  this  state,  upon  the  failure  of  said  company  to  perform  all  or 
fit  her  of  the  above  conditions,  may  take  possession  thereof  in 
behalf  of  the  state,  and  manage  and  control  the  same  until 
otherwise  disposed  of  by  act  of  the  Legislature. 

****.,** 

Passed  December  10th,  1855. 


21 

STATE    OF   MISSOURI. 


-AJST 

To  provide  for  the  Sale  of  certain  Railroads  and  Property  by  the 
Governor,  to  foreclose  the  State's  lien  thereon,  and  to  secure 
an  early  completion  of  the  Southwest  Branch  Pacific,  the 
Platte  Country,  the  St.  Louis  and  Iron  Mountain,  and  the 
Cairo  and  Fulton  Railroads,  of  Missouri. 

[Approved  February  19,  1866.J 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri, 
as  follows : — 

SECTION  1.  The  Governor  is  hereby  directed  and  required  to 
take  immediate  possession  of  the  Southwest  Branch  of  the  Pacific 
Railroad,  together  with  all  the  appurtenances,  real  estate,  rolling 
etock,  cars,  engines,  depots  and  other  property,  real  or  personal, 
and  all  rights  and  franchises  thereunto  attached  or  in  anywise 
belonging,  as  is  provided  by  law,  and  the  said  railroad,  together 
with  all  the  lands  heretofore  appropriated  to  the  construction  of 
said  railroad,  and  belonging  to  the  Pacific  Railroad  Company 
for  the  use  and  benefit  of  said  Southwest  Branch,  at  the  time  of 
its  default,  as  provided  by  the  act  entitled  "  An  act  to  accept  a 
"grant  of  land  made  to  the  State  of  Missouri  by  the  Congress  of 
"  the  United  States,  to  aid  in  the  construction  of  certain  rail 
"  roads  in  this  State,  and  to  apply  a  portion  thereof  to  the  Pacific 
"Railroad,"  approved  December  25,  1852,  and  all  other  acts 
relating  to  said  Southwest  Branch,  and  all  the  appurtenances 
and  franchises  thereunto  attached,  having  become  the  property 
of  this  State  by  operation  of  law,  it  shall  be  the  duty  of  the 
governor  to  do  all  things  necessary  and  proper  by  him  to  be 
done  to  secure  the  same  to  this  state  free  from  all  claims  or 
incumbrances  of  all  other  claimants  whomsoever,  and  upon 
obtaining  such  possession  the  governor  shall  turn  said  road  and 
the  other  property  and  assets  aforesaid  over  to  a  board  of  com- 


22 

missioners  hereinafter  created,  by  them  to  be  operated  and  sold  in 
the  interest  of  the  state  according  to  the  terms  and  conditions  of 
this  ac.t.  It  shall  be  the  further  duty  of  the  governor  to  adver- 
tise the  St.  Louis  and  Iron  Mountain  Railroad,  the  Cairo  and 
Fulton  Railroad  of  Missouri,  and  the  Weston  and  Atchison, 
Atchison  and  St.  Joseph,  and  Platte  Country  Railroads,  ami 
every  part  and  section  of  each  of  said  roads,  as  far  as  the  same 
are  constructed  or  projected,  together  with  their  appurtenances, 
rolling  stock,  and  property  of  every  description,  ami  all  rights 
and  franchises  thereto  belonging, for  sale,and  to  sell  tin1  same-  at 
auction  to  the  highest  bidder,  in  pursuance  of  the  provisions  of 
the  several  acts  creating  a  lien  on  said  railroads,  their  appur- 
tenances, rights  and  franchises  in  favor  of  the  state.  The  said 
Weston  and  Atchison,  Atchison  and  St.  Joseph,  and  the  Platte 
Country  Railroads  shall  l>e  known  and  designated  hereinafter, 
and  after  the  passage  of  this  act,  as  the  Platte  Country  Rail- 
road. The  said  Southwest  Branch  of  the  Pacific  Railroad 
shall  be  known  and  designated  hereafter  as  the  Southwest 
Pacific  Railroad. 

SKC.  2.  A  Board  of  Commissioners  composed  of  three  mem- 
bers, who  shall  be  nominated  by  the  governor  and  confirmed  by 
the  senate,  is  hereby  established  for  each  of  said  railroads,  viz : 
The  Southwest  Branch  of  the  Pacific  Railroad,  the  St.  Louis  ami 
Iron  Mountain  Railroad,  the  Cairo  and  Fulton  Railroad  of  .Mis- 
souri, and  the  Platte  Country  Railroad.  A  majority  of  the 
members  of  each  board  shall  at  all  times  constitute  a  quorum  for 
the  transaction  of  business ;  and  in  case  of  a  vacancy  occurring 
in  said  boards,  such  vacancy  shall  be  filled  by  appointment  by 
the  governor,  subject  to  the  confirmation  of  the  senate  at  its  next 
session  thereafter.  Said  commissioners  shall,  before  entering  on 
the  discharge  of  their  duties,  take  and  subscribe  the  same  oath 
prescribed  for  other  state  officers.  They  shall  each  enter  into 
bond,  with  such  security  and  for  such  amount  as  the  governor 
shall  from  time  to  time  order  and  approve,  conditioned  for  the 
faithful  performance  of  their  duties  under  the  law.  They  may 
employ  counsel  and  such  agents  and  assistants  as  they  may 
require  in  the  performance  of  their  duties.  They  shall  account 
for  and  pay  over  to  the  state  treasurer  all  moneys  that  may 
come  into  their  hands  belonging  to  the  state,  whether  derived 
from  the  sale  or  the  net  earnings  of  the  respective  roads,  taking 


23 

duplicate  receipts  therefor,  one  of  which  shall  be  deposited  with 
the  state  auditor.  They  shall  make  quarterly  reports  to  the 
governor  of  their  proceedings,  and  a  final  report  of  all  matters 
relating  to  the  interests  and  trusts  confided  to  them,  immediately 
after  the  sale  of  their  respective  roads.  And  all  letters,  bids, 
proposals,  oaths,  bonds,  books,  papers  and  other  documents  that 
come  into  their  hands,  or  into  the  hands  of  the  governor,  or  which 
they  have  executed  to  the  state,  shall  be  deposited  with  the 
secretary  of  state.  And  they  and  their  employees  shall  receive 
such  compensation,  besides  necessary  expenses,  for  their  services 
as  the  governor  from  time  to  time  may  allow  and  certify  to  the 
auditor,  who  shall  audit  such  allowance  and  draw  his  warrant  for 
the  same,  to  be  paid  out  of  any  funds  in  the  treasury  not  other- 
wise appropriated ;  provided,  that  the  amount  allowed  for  ser- 
vices shall  not  exceed  in  the  aggregate  one  thousand  dollars  to 
each  commissioner.  All  vacancies  in  any  board  of  commissioners 
shall  be  certified  to  the  governor  by  the  remaining  commissioner 
or  commissioners  within  twenty  days  after  such  vacancy  occurs. 

SEC.  3.  It  shall  be  the  duty  of  the  boards  of  commissioners 
appointed  for  the  Southwest  Branch  of  the  Pacific  Railroad,  and 
the  Platte  Country  Railroad,  to  receive  possession  of  said  roads, 
appurtenances,  lands,  choses  in  action  and  other  property  belong- 
ing thereto,  from  the  hands  of  the  governor,  and  to  manage, 
operate,  and  dispose  of  the  same  in  the  manner  and  for  the  pur- 
pose provided  in  this  act.  It  shall  also  be  the  duty  of  the  com- 
missioners respectively  appointed  for  the  St.  Louis  and  Iron 
Mountain  Railroad,  the  Cairo  and  Fulton  Railroad  of  Missouri, 
and  the  Platte  Country  Railroad,  to  attend  the  sale  of  their 
respective  roads  as  advertised  by  the  governor,  and  to  bid  in  the 
same  for  the  use  and  benefit  of  the  state,  for  an  amount  not  ex- 
ceeding the  respective  liens  on  said  roads  in  favor  of  the  state. 
And  if  said  roads,  or  either  of  them,  are  struck  off  and  sold  to 
said  commissioners,  they  shall  take  possession  and  hold  the  same, 
with  their  appurtenances  and  property;  manage,  operate  and 
dispose  of  the  same  in  the  manner  provided  for  in  this  act. 

SEC.  4.  Within  thirty  days  after  they  shall  have  been  ap. 
pointed  and  qualified,  the  respective  boards  of  commissioners 
aforesaid  shall  publish  a  notice  of  their  appointment  as  such ;  of 
their  authority  to  take  possession  of  or  to  buy  in  said  roads, 
together  with  the  lands  belonging  to  their  respective  roads,  and 


24 

again  to  sell  the  same ;  and  they  shall  invite  proposals  for  the 
purchase  of  their  respective  roads,  lands  and  appurtenances  and 
franchises  from  said  commissioners.  The  notice  in  relation  to 
the  Southwest  Branch  Railroad  shall  be  published  for  at  least 
sixty  days.  The  notices  in  relation  to  the  St.  Louis  and  Iron 
Mountain  Railroad,  the  Cairo  and  Fulton  Railroad,  and  the  Platte 
Country  Railroad,  shall  each  be  published  in  conjunction  with  the 
respective  notices  of  sale  of  said  roads  required  by  the  first  sec- 
tion of  this  act  to  be  published  by  the  governor.  They  shall  be 
published  in  the  same  manner,  in  the  same  newspapers,  for  the 
same  time,  and  for  sixty  days  thereafter.  All  such  notices  shall 
be  published  in  at  least  two  newspapers  in  the  cities  of  St.  Louis, 
New  York,  Philadelphia,  and  Boston. 

SEC.  5.  The  proposals  of  bidders,  under  the  provisions  of  the 
foregoing  section,  shall  each  state  the  price  bid  for  the  respective 
roads,  and  shall  state  that  they  are  based  on  the  following  terms 
and  conditions,  which  are  hereby  established  to  govern  the  xile 
of  said  roads  by  said  boards  of  commissioners : — first.  The  price 
or  consideration  bid  shall  be  payable  as  follows :  One-fourth  on 
closing  the  contract,  and  the  balance  in  five  equal  annual  install- 
ments; the  first  installment  payable-  iii  one  year,  the  second  in 
two,  the  third  in  three,  the  li.mrth  in  lour,  and  the  fifth  in  live 
years  thereafter,  with  six  percent,  interest  on  deferred  payin 
payable  annually  ;  provided,  that  all  sums  bid  may  be  paid  at 
any  time,  in  either  cash  or  the  bonds  or  other  liabilities  of  the 
state,  or  bonds  guaranteed  by  the  state.  Second.  The  roads  and 
all  rolling  stock  belonging  thereto  shall  be  kept  in  good 
able  condition  during  the  progress  of  the  work  to  completion  of 
said  roads.  Third.  The  Southwest  Branch  of  the  Pacific  Rail- 
road shall  be  finished  to  a  point  opposite  the  town  of  Lebanon,  in 
Laclede  county,  within  three  years;  to  the  town  of  Springfield, 
in  Greene  county,  within  four  years ;  and  to  the  western  line  of 
the  state  in  five  years  after  the  date  of  sale  ;  and  the  purchaser 
shall  expend  at  least  five  hundred  thousand  dollars  in  each  and 
every  year  between  the  date  of  sale  and  date  fixed  for  the  com- 
pletion aforesaid  in  the  work  upon  the  graduation,  masonry  or 
superstructure  of  said  extension.  The  St.  Louis  and  Iron  Moun- 
tain Railroad  shall  be  finished  to  a  point  south  of  Pilot  Knob,  to 
connect  with  the  Cairo  and  Fulton  Railroad  line,  in  three  years, 
and  finished  to  the  Mississippi  river,  opposite  to  or  below  Colum- 


25 

bus,  Kentucky,  in  five  years  after  the  date  of  sale  of  said  road ; 
and  the  purchasers  of  said  road  shall  expend  in  each  and  every 
year  between  the  date  of  sale  and  the  completion  of  the  road,  at 
least  the  sum  of  five  hundred  thousand  dollars  in  the  work  of 
graduation,  masonry  or  superstructure  on  said  extension.  And 
the  Cairo  and  Fulton  Railroad  of  Missouri  shall  be  completed 
from  the  Mississippi  river,  opposite  the  town  of  Cairo,  Illinois,  or 
Columbus,  Kentucky,  to  the  intersection  of  the  St.  Louis  and 
Iron  Mountain  Railroad  line,  within  three  years  after  the  date  of 
Bale  thereof.  The  Platte  Country  Railroad  aforesaid  shall  be 
finished  from  a  point  on  the  Missouri  river,  opposite  the  city  of 
Kansas,  to  the  city  of  Weston,  and  from  Savannah  to  Forest 
City,  in  two  years  from  the  date  of  sale,  and  shall  be  completed 
to  the  Iowa  state  line  in  three  years  thereafter ;  and  the  pur- 
chaser of  said  road  shall  expend,  in  each  and  every  year  between 
the  date  of  sale  and  the  time  fixed  for  the  completion  aforesaid, 
in  graduation,  masonry  and  superstructure  of  said  road,  the  sum 
of  at  least  two  hundred  and  fifty  thousand  dollars ;  provided, 
that  the  faithful  annual  expenditures  required  in  this  section  shall 
entitle  the  respective  companies  to  an  extension  of  time  of  pay- 
ment of  principal  of  purchase  money  due  that  year  until  two 
years  after  maturity  of  last  installment ;  and  provided,  that  an 
annual  statement  of  expenditures  on  each  road  shall  be  made, 
under  oath,  by  the  treasurer  and  two  directors  thereof,  and  filed 
with  the  secretary  of  state. 

SEC.  6.  On  the  day  named  in  the  respective  notices  of  sale  of 
said  roads,  by  said  commissioners,  the  respective  boards  shall 
proceed  to  compare  the  several  bids  and  proposals  by  them 
received,  and  shall,  as  soon  thereafter  as  is  practicable,  award  the 
roads  and  every  part  and  section  thereof,  their  franchises  and 
appurtenances,  and  all  lands  and  other  property,  real  and  per- 
sonal, to  the  highest  and  best  bidders,  whose  bids  are  made  in 
compliance  with  the  terms  and  conditions  of  the  foregoing  sec- 
tions of  this  act ;  provided,  that  the  governor  shall  approve  said 
awards ;  and  provided  further,  that  all  proposals  may  be  rejected 
if  the  commissioners  deem  them  unsatisfactory. 

SEC.  7.  In  case  all  the  bids  for  any  road  are  declared  unsatis- 
factory, as  provided  in  the  preceding  section,  notices  of  sale  shall 
be  renewed  from  time  to  time,  and  shall  be  published,  in  con- 
formity with  the  requirements  heretofore  provided  for,  for  three 


20 

months,  and  the  same" proceedings  shall  be  had  in  relation  to  pro- 
posals, comparison  of  bids  and  awards,  and  all  other  matters 
relating  thereto,  as  is  hereinbefore  provided  for,  until  a  sale  of  all 
said  roads  is  effected ;  provided,  that  if,  in  the  opinion  of  the 
governor,  the  interest  of  the  state  will  be  promoted,  and  a  more 
expeditious  and  advantageous  sale  secured  thereby,  and  work  on 
said  Southwest  Branch  Railroad  be  more  speedily  commenced, 
he  shall  direct,  in  writing,  the  commissioners  for  said  road  to  sell 
said  road  and  all  its  lands, property,  franchises  and  appurtenances, 
at  private  sale,  without  notice  of  sale  as  herein  required,  on  such 
conditions  as  to  the  payment  of  the  purchase  money,  the  mode 
of  completion,  and  the  rights  of  the  purchaser  to  borrow  money 
for  the  completion  of  said  road,  as  the  parties  contracting  may 
agree  upon  ;  provided,  however,  that  no  sale,  under  the  pro- 
visions of  this  section,  shall  be  made  which  shall  not  preserve  to 
the  state  a  lien  for  the  amount  of  purchase  money  remaining  un- 
paid, or  which  shall  not  secure  the  completion  of  the  South 
Pacific  Railroad  to  a  point  opposite  the  town  of  Lebanon,  in 
Laclede  county,  within  three  years;  to  the  town  of  Springfield, 
in  Greene  county,  within  four  years ;  and  to  the  western  line  of 
the  state  within  five  years  after  the  date  of  sale;  or  whieh  shall 
not  secure  the  expenditure  of  at  least  five  hundred  thousand 
dollars  each  year  in  the  construction  and  equipment  of  said  r 
until  the  same  is  completed;  and  provided,  however,  no  sale 
made  shall  be  completed  until  first  approved  by  the  governor. 

SECTION  8.  Whenever  and  as  soon  as  an  award  is  made  and 
approved  under  either  of  the  foregoing  sections,  the  commis- 
sioners and  the  purchasers  shall  execute  in  duplicate  a  contract 
embracing  all  the  terms,  stipulations  and  conditions  to  be  per- 
formed by  either  party,  and  on  which  such  sales  and  purchases 
are  made ;  which  duplicate  agreements  shall  be  approved  by  the 
governor,  and  one  copy  filed  with  the  secretary  of  state  ;  and 
thereupon  the  Governor  shall,  in  the  name  and  on  behalf  of  the 
state,  execute  and  deliver  to  such  purchasers  a  formal  deed  of 
conveyance,  under  the  great  seal  of  the  state,  which  shall  be  con- 
strued as  other  deeds  conveying  real  estate,  and  shall  have  the 
effect  to  convey,  transfer  and  make  over  to  the  purchasers  said 
road  and  all  of  the  franchises,  privileges,  rights,  title  and  inter- 
esis  appertaining  to  the  road  so  sold,  all  roads,  road  beds,  rolling 
stock,  machine  shops  and  all  other  property,  both  real  and  per- 


27 

eonal,  of  every  description,  belonging  or  in  any  wise  appertain- 
ing thereto ;  and  in  the  case  of  the  Southwest  Branch  of  the 
Pacific  Railroad,  all  the  lands  granted  by  the  United  States  to 
the  State  of  Missouri  by  act  of  Congress  approved  June  10, 1852, 
and  by  the  State  of  Missouri  granted  to  the  said  Pacific  Railroad 
for  the  construction  of  the  said  Southwest  Branch,  by  an  act  ap- 
proved Dec.  25,  1852,  which  have  been  forfeited  to  the  state; 
and  the  purchasers  shall  execute  and  deliver  to  the  State  of  Mis- 
souri mortgages  on  said  roads,  franchises,  lands  and  property 
aforesaid,  as  is  required  by  this  act  to  secure  the  payment  of  the 
purchase  money ;  provided,  that  nothing  in  this  act  shall  be  so 
construed  as  to  convey  or  to  authorize  the  commissioners  to  con- 
vey to  the  purchasers  of  the  Cairo  and  Fulton  Railroad  any  of 
the  lands  subscribed  by  counties  to  the  stock  of  said  road. 

SECTION  9.  The  companies  or  persons  purchasing  any  of  the 
above  named  roads,  or  either  of  them,  shall  have  all  the  rights, 
franchises,  privileges  and  immunities  which  were  had  and  enjoy- 
ed by  the  companies  for  whose  default  said  roads  were  sold, 
under  the  charter  and  the  laws  amendatory  thereof;  subject, 
however,  to  the  conditions  and  limitations  therein  contained,  and 
not  inconsistent  with  the  provisions  of  this  act. 

SECTION  10.  The  companies  or  persons  purchasing  the  above 
named  railroads,  or  either  of  them,  under  the  provision  of  the 
6th  section  of  this  act  and  the  first  part  of  the  7th  section,  which 
provides  for  a  sale  to  the  highest  bidders,  may  have  the  privilege, 
and  they  are  hereby  authorized  to  borrow  such  sums  of  money 
for  the  completion  of  their  respective  roads,  as  contemplated  by 
this  act,  or  for  the  payment  of  the  balance  due  the  state  or  any 
part  thereof,  on  such  terms  and  at  such  rate  of  interest  as  they 
may  deem  expedient,  and  for  that  purpose  they  may  issue  con- 
struction bonds]  in  denomination  of  five  hundred  or  one  thousand 
dollars,  as  they  think  proper,  and  to  secure  the  payment  of  which 
they  may  execute  in  due  form  their  respective  mortgages  on  said 
roads,  appurtenances  and  rolling  stock,  subject  only,  however,  to 
the  state's  lien  for  the  amount  of  the  purchase  money  remaining 
unpaid.  Said  bonds  shall  be  prepared  by  said  companies,  and  on 
the  back  of  each  bond  shall  be  printed  this  law,  and  in  connec- 
tion therewith  shall  be  indorsed  or  printed  a  certificate,  which 
shall  be  signed  by  the  governor  and  countersigned  by  the  secre- 
tary of  state,  under  the  seal  of  the  state,  to  the  effect  that  such 


28 

bond  is  issued  by  authority  of  this  act,  and  secured  by  a  mort- 
gage on  the  road  and  appurtenances  and  lands  as  aforesaid;  the 
number  of  miles  finished,  the  amount  of  the  state's  lien,  and  the 
amount  expended  by  said  company  in  the  extension  shall  also  be 
embraced  in  said  certificate ;  but  such  indorsement  shall  in  no 
wise  be  construed  into  any  liability  on  the  part  of  the  state  for 
the  payment  of  said  bonds  or  any  part  thereof.     Said  bonds  shall 
be   numbered  and  registered  in  the  office  of  the   secretary  of 
state  and  delivered  to  said  companies  as  follows  :  Whenever  the 
Bum  of  one  hundred  thousand  dollars  has  been  in  good  faith  ex- 
pended and  paid  out  in  cash  on  the  work  of  extending  either  of 
said  roads,  as  herein  provided,  since  the  purchase  thereof,  or 
since  the  last  application  for  bonds,  and  the  acting  president, 
treasurer  and  chief  engineer  of  said  road  shall  file  in  the  office  of 
the  secretary  of  state  their  certificate  to  that  effect,  verified  to 
the  satisfaction  of  the  governor,  by  their  affidavit,  then  the  gov- 
ernor shall  cause  one  hundred  and  twenty-five  thousand  dollars 
of  said  bonds  to  be  endorsed  and   delivered  to  said  company, 
who  shall  receipt  to  the  secretary  of  stiito  thm-for.     Said  bonds 
may  be  delivered  in  larger  amounts  at  any  single  application, 
jyrovided  the  expenditures  in  cash  on  which  such  application  is 
based  bear  the  same  ratio  to  the  bonds  issued  as  is  established 
above;  provided  further,  that  expenditures  in  cash  on  account 
of  the  Cairo  and  Fulton  Railroad,  and  the  Platte  Country  Kail- 
road  extension  to  the  amount  of  fifty  thousand  dollars  or  over, 
shall  entitle  them  to  bonds  in  the  same  ratio  of  amount :  pro- 
vided further,  that  the  books,  papers  and  vouchers  of  said  com- 
panies shall  always  be  subject  to  the  inspection  of  the  governor 
or  his  agent  appointed  therefor,  and  any  evidence  of  bad  faith  in 
the  application  for  bonds  or  in  the  representation  of  amounts  of 
expenditures,  until -removed  or  obviated  to  the  satisfaction  of 
the  governor,  shall  be  sufficient  cause  for  the  suspension  of  fur- 
ther delivery  of  bonds ;   and  provided,  that  no  lien   shall   be 
created  on  said  road  or  appurtenances  and  rolling  stock  in  any 
other  manner  than  as  allowed  in  this  act,  prior  to  the  completion 
of  said  roads,  respectively ;  but  all  such  prohibited  liens  shall  be 
null  and  void. 

SECTION  11.  The  act  approved  March  2d,  1861,  entitled  "an 
act  concerning  the  bonds  of  the  Pacific  Railroad  guaranteed  by 
the  state,"  shall  remain  in  force,  and  the  state  hereby  assumes 


29 

the  full  payment  of  such  guaranteed  bonds  not  exchanged,  as 
provided  for  in  said  act,  and  will  hold  said  company  purchasing 
the  Southwest  Branch  Railroad  and  the  Pacific  Railroad  Com- 
pany's main  line  harmless  on  account  of  said  outstanding  "bonds, 
and  the  governor  shall  take  all  steps  necessary  and  advisable  to 
carry  into  effect  the  foregoing  terms.  When  the  company  pur- 
chasing the  said  road  shall  have  constructed,  and  in  running 
order,  twenty  miles  of  said  road  extending  on  their  line  west  of 
Rolla,  and  shall  exhibit  satisfactory  proof  thereof  to  the  governor 
of  the  state,  in  order  that  said  company  may  be  enabled  to  make 
title  to  such  lands  as  they  are  authorized  to  sell,  it  is  hereby 
made  the  duty  of  the  governor  to  issue  the  necessary  certificate 
to  the  Secretary  of  the  Interior,  as  provided  for  in  section  five  of 
the  act  of  Congress  entitled  "  an  act  granting  the  right  of  way  to 
the  State  of  Missouri,  and  a  portion  of  the  public  lands  to  aid  in 
the  construction  of  certain  railroads  in  said  state,"  approved 
June  10,  1852  ;  provided,  that  nothing  in  this  act  shall  be  con- 
strued so  as  to  impair  in  any  manner  the  rights  of  any  person  to 
a  pre-emption  on  any  of  the  lands  of  the  said  Southwest  Branch 
Railroad  acquired  under  former  or  existing  laws,  and  any  action 
or  proceedings  in  law,  which  may  be  commenced  by  said  com- 
missioners before  a  sale,  shall  be  continued  after  a  sale  in  their 
names  for  the  benefit  of  the  purchaser. 

SEC.  12.  It  shall  be  the  duty  of  the  commissioners  for  the 
Southwest  Branch  Road  to  ascertain  the  quantity  of  land  sold 
by  said  Pacific  Railroad  Company  prior  to  March  3d,  1861,  which 
had  been  granted  to  said  company  to  aid  in  construction  of  said 
Southwest  Branch,  the  price  for  which  the  same  was  sold,  the 
names  of  the  purchasers,  and  the  quantity  and  description  of  the 
land  purchased  by  each,  and  the  amount  of  money  received  by 
said  company  on  account  of  such  sales  ;  and  it  shall  be  the  duty 
of  said  commissioners  to  require  all  money  so  received  by  said 
company,  and  not  heretofore  paid  to  the  treasurer  of  the  state, 
as  required  by  law,  to  be  at  once  paid  into  the  treasury  of  the 
state ;  and  in  all  cases  where  the  said  company  have  received  the 
purchase  money  for  any  such  lands,  it  is  hereby  made  the  duty 
of  the  treasurer  of  the  state  to  execute  to  such  purchaser  a  deed 
to  said  lands,  signed  by  himself,  and  acknowledged  before  the 
secretary  of  state,  who  shall  certify  the  same  under  the  seal  of 
his  office. 


30 

SEC.  13.  In  the  case  of  the  Southwest  Pacific  Railroad,  said 
commissioners  shall  have  the  power,  and  it  is  made  their  duty,  to 
investigate  and  arrange  all  matters  of  account  between  the  said 
Branch  Railroad  and  the  other  Pacific  Railroad  line,  and  for  this 
purpose  they  shall  have  access  to  the  books  and  papers  of  the 
Pacific  Railroad  Company,  and  they  shall  have  power  to  institute 
and  prosecute  all  suits  and  other  proceedings  authorized  by  law 
to  recover  from  said  Pacific  Railroad  Company  any  balance  which 
may  be  found  due  and  owing  from  said  Pacific  Railroad  Com- 
pany to  or  on  behalf  of  said  Southwest  Branch,  or  otherwise 
arrange  the  same  as  may  be  just  and  equitable ;  and  said  com- 
missioners are  hereby  authorized,  when  put  in  possession  of  the 
said  Southwest  Branch,  to  negotiate,  contract  and  adjust  with 
the  Pacific  Railroad  Company  terms  and  conditions  for  business 
and  running  arrangements  and  connections,  and  do  all  things 
needed  and  proper  to  be  done  to  continue  to  the  owners  of  the 
said  Southwest  Branch  tin-  ri^lit  o/  running  their  locomotives 
and  cars  from  the  town  of  Paeilir,  in  Franklin  county,  to  the  city 
of  St.  Louis,  for  the  transportation  of  freight  and  pu>>enirers  in 
the  interest  and  for  tlie  benefit  of  such  owners  of  said  Southwest 
Branch,  to  and  from  said  points  in  the  cars  of  the  South  vs 
Pacific  Railroad;  and  said  commissioners  are  further  empowered 
and  directed  to  take  all  proper  steps  to  adjust  and  determine  the 
rights  and  relations  existing  between  the  Southwest  Pacific  Rail- 
road and  the  residue  of  the  railroad  line  of  the  Pacific  Railroad 
Company  and  the  rights  and  interests  of  the  owners  or  managers 
of  said  railroad  lines  in  the  said  railroad  between  the  said  town 
of  Pacific  and  the  city  of  St.  Louis,  and  to  do  every  thing  which 
may  be  necessary  to  perpetuate  to  the  said  Southwest  Branch  a 
connection  with  the  said  city  of  St.  Louis ;  and  any  contract, 
arrangement,  or  privilege  which  shall  be  negotiated  or  otherwise 
arranged  by  said  commissioners  for  and  on  behalf  of  said  South- 
west Pacific  Railroad,  and  the  owners  thereof,  under  and  by  virtue 
of  the  foregoing  provisions,  shall  pass  and  inure  to  the  purchaser 
or  purchasers  of  said  Southwest  Branch. 

SEC.  14.  Any  failure  on  behalf  of  said  companies,  or  either 
of  them,  to  pay  the  purchase  money,  or  to  expend  the  sums  of 
money  which  by  the  terms  of  this  act  or  by  the  terms  of  any  con- 
tract herein  called  for  are  required  to  be  annually  expended  in 
the  work  of  extending  and  completing  said  roads  respectively, 


31 

shall  work  a  forfeiture  of  said  roads  so  in  default,  tlieir  fran- 
chises, rolling  stock,  appurtenances  and  other  property,  both  real 
and  personal,  which  belong  to  said  companies  respectively,  to  the 
State  of  Missouri ;  and  in  such  case  the  governor  shall  proceed 
at  once  to  take  possession  of  the  same,  without  the  aid  of  any 
writ  or  process  of  law,  if  in  his  opinion  it  would  be  to  the  interest 
of  the  state  ;  and  shall  hold  and  operate  the  same,  through  such 
agents  as  he  may  appoint  therefor,  until  the  General  Assembly 
shall  otherwise  dispose  of  the  same  for  the  purpose  of  foreclosing 
the  state's  lien  or  mortgage. 

SEC.  15.  In  the  case  of  the  sale  of  the  St.  Louis  and  Iron 
Mountain  Railroad,  it  shall  be  made  a  condition  of  sale  that  the 
Legislature  shall  have,  and  reserves,  the  power  from  time  to  time 
to  regulate  the  price  of  freight  on  iron  ore  and  coal. 

SEC.  16.  All  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

SEC.  1 7.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved,  February  19,  1866. 


32 


STATE    OF   MISSOURI. 


Supplementary  to  and  explanatory  of  an  Act  entitled  "  An 
Act  to  provide  for  the  sale  of  certain  railroads  and 
property  by  the  Governor,  to  foreclose  the  State's  lien  there- 
on, and  to  secure  an  early  completion  of  the  Southwest 
Branch  Pacific,  the  Platte  Country,  the  St.  Louis  and  Iron 
Mountain,  and  the  Cairo  and  Fulton  Uailroad>  ;iri." 

[Approved  March  19,  1SGG.J 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri, 
as  follows  : 

SECTION  1.  Whenever  in  said  acts  the  "Southwest  Ilranch" 
or  "Southwest  Branch  of  the  Pacific  Railroad"  nr  they 

shall  be  held  to  mean  the  same  ivad  designated  in  the  iirst 
tion  of  said  act,  as  the  Southwest  Pacific  Railroad. 

SECTION  2.  The  fourth  section  of  said  act  shall  not  be  con- 
strued to  require  any  new  advertisement  on  the  part  of  the 
governor,  of  any  railroad  he  may  have  advertised  under  the 
law  creating  Hens  on  railroads  prior  to  the  time  of  the  appoint- 
ment or  organization  of  a  board  of  commissioners  for  such  road. 
But  such  sales,  so  advertised  by  the  governor,  shall  proceed, 
without  reference  to  the  time  of  the  insertion  in  the  same  papers 
of  the  notice  by  the  commissioners. 

SECTION  3.  The  tenth  section  of  said  act  shall  be  so  construed 
as  to  leave  it  optional  with  the  purchaser  or  purchasers  of  any 
of  said  railroads  issuing  bonds  under  the  provisions  of  said  act, 
whether  to  print  the  said  act  and  the  certificate  of  the  governor 
in  full  on  the  back  of  such  bonds,  or  any  part  thereof,  or  to 
wholly  omit  the  same,  as  such  parties  issuing  such  bonds  may 
eeem  best ;  but  said  bonds  shall  be  numbered  and  registered  by 
the  secretary  of  state,  and  his  attestation  thereof,  under  the 
seal  of  the  state  affixed  thereto. 


33 

SECTION  4.  Upon  the  production  to  the  state  treasurer  of 
the  certificate  of  the  Pacific  Railroad  of  the  payment  in  full  of 
the  purchase  money  for  any  lands  referred  to  in  the  twelfth  sec- 
tion of  said  act,  issued  by  said  railroad  prior  to  the  date  hi  said 
section  mentioned,  the  state  treasurer  shall  execute  a  deed  as 
in  said  section  required,  and  the  register  of  lands  shall  preserve 
a  record  of  such  deeds.  The  said  certificate  of  payment  shall  be 
filed  and  preserved  by  the  state  treasurer,  and  the  commis- 
sioner for  the  Southwest  Pacific  Railroad  may  allow  to  the  Paci- 
fic.Railroad  such  sum  in  their  settlement  with  said  railroad  for 
expenditure  in  construction  as  they  find  has  been  faithfully  ex- 
ponded  out  of  the  receipts  from  the  sales  of  pre-empted  lands ; 
provided,  this  act  shall  not  be  so  construed  as  to  grant  deeds  to 
any  person  who  has  not  a  clear  right  to  such  lands  in  accordance 
with  the  act  of  Congress,  approved  June  10th,  1852,  which  act 
prescribed  the  mode  of  disposing  of  said  lands,  and  also  in  ac- 
cordance with  the  provisions  of  the  several  acts  of  the  Legisla- 
ture of  this  state,  having  reference  to  the  same. 

SEC.  5.  The  fourth  section  of  said  act  shall  not  be  construed 
to  require  the  commissioners  to  advertise  notices  of  sale  of  said 
roads  respectively  in  more  than  one  newspaper  in  either  city 
therein  named ;  nor  to  require  them  to  commence  the  publica- 
tion of  such  notices  respectively,  earlier  than  twenty  days  before 
the  date  fixed  by  the  governor  for  the  sale  thereof  to  foreclose 
the  state's  lien ;  provided,  that  in  all  cases  the  notices  shall  be 
published  at  least  sixty  days. 

SEC.  6.  This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  March  19th,  18G6. 


34 


STATE   OF   MISSOURI. 


ACT 


Authorizing  the  Incorporation  of  the  Purchaser  or  Purchasers  of 
any  Railroad,  or  of  any  part,  section  or  branch  thereof,  which 
has  heretofore,  or  may  hereafter  become  forfeited  to,  and 
sold  by  the  State. 

[Approved  March  20,  1SGG.] 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri, 
as  follows:  — 

SECTION  1.  In  case  any  railroad  in  this  state  has  heretofore, 
or  may  hereafter,  become  forfeited  to  the  state,  for  any  cause 
now  provided,  or  hereinafter  to  be  provided,  by  law,  or  in  case 
any  part,  section  or  branch  thereof,  so  forfeited,  shall  be  sold  by 
the  state  or  its  agents,  according  to  law  ;  any  individual  or  asso- 
ciation of  individuals  who  may  become  the  purchaser  or  pur- 
chasers of  said  railroad,  or  of  any  part,  section  or  branch  thereof, 
shall  be  authorized  by  this  act  to  incorporate  himself  or  them- 
selves with  a  number  of  stockholders  sufficient  to  make  the 
whole  number  of  corporators  at  least  thirteen,  for  the  purpose 
of  taking  possession  of  the  property,  real  and  personal,  choses  in 
action,  franchises,  rights  and  privileges  to  him  or  them  conveyed 
or  transferred  by  the  state,  in  pursuance  of  such  sale,  and  to 
enable  the  said  purchaser  or  purchasers  and  his  or  their  associ- 
ates to  complete,  furnish,  equip,  operate,  manage  and  control 
such  road,  or  part,  section  or  branch  thereof,  and  the  property, 


35 

franchises  and  appurtenances  thereto  belonging  or  in  anywise  ap- 
pertaining. 

SEC.  2.  Said  articles  of  incorporation  shall  state  the  name  of 
the  company,  which  name  shall  be  that  now  fixed,  or  which  may 
hereafter  be  fixed  by  law,  as  the  name  of  such  railroad,  or  part, 
section  or  branch  thereof;  and  if  no  name  be  so  affixed,  then  the 
name  shall  be  designated  by  the  corporators.  Said  articles  shall 
also  state  the  number  of  miles,  if  any,  as  near  as  may  be,  requi- 
site to  be  built  to  complete  such  road,  and  the  number  of  years 
the  incorporation  is  to  continue.  They,  said  articles,  shall  also 
fix  and  determine  the  amount  of  the  capital  stock  of  said  com- 
pany, not  exceeding  ten  millions  of  dollars,  and  the  number  of 
shares  of  which  said  capital  stock  shall  consist ;  and  they  shall 
further  state  the  name  and  places  of  residence  of  the  directors  of 
the  company  not  less  than  five  nor  more  than  thirteen  in  number, 
who  shall  manage  its  affairs  for  the  first  year,  and  until  others 
are  chosen  in  their  places.  Each  corporator  named  in  said  arti- 
cles shall  subscribe  thereto  his  name,  place  of  residence,  and  the 
number  of  shares  of  stock  he  agrees  to  take  in  said  company. 

SEC.  3.  As  soon  as  at  least  one  thousand  dollars  of  stock  for 
every  mile  of  railroad,  necessary  to  be  made  to  complete  the 
road,  shall  have  been  subscribed,  and  five  per  cent,  paid  thereon 
in  good  faith  and  in  cash  to  the  directors  named  in  said  articles 
of  incorporation,  and  as  soon  as  these  shall  be  indorsed  thereon 
or  annexed  thereto,  an  affidavit,  made  by  at  least  three  of  the 
directors  named  therein,  that  the  amount  of  stock  required  by 
this  section,  has  been  in  good  faith  subscribed,  and  five  per  cent, 
paid  in  cash  thereon,  as  aforesaid,  and  that  it  is  intended  in  good 
faith  to  complete  or  maintain  and  operate  the  road  mentioned  in 
said  articles,  then  said  articles  of  incorporation  shall  be  filed  in 
the  office  of  the  secretary  of  state,  who  shall  endorse  thereon 
the  date  of  filing,  and  shall  record  the  same  in  a  book  to  be  pro- 
vided by  him  for  that  purpose,  and  from  and  after  the  day  of  the 
filing  of  said  articles  said  company  shall  become  and  be  a  body 
corporate,  empowered  to  act  as  such  in  all  matters  pertaining  to 
the  business  thereof. 

SEC.  4.  Each  corporation  provided  under  this  act  shall  have 
the  same  powers,  franchises,  rights  and  privileges,  and  be  subject 
to  the  same  liabilities  and  restrictions  as  the  corporation  to 
which  it  shall  become  the  successor  may  have  had  and  by  its 


36 

original  charter  and  the  amendments  thereto,  in,  to  and  over 
the  property  and  franchises,  forfeited  and  sold  as  aforesaid, 
and  the  time  and  manner  of  electing  directors  of  any  corpora- 
tion hereunder  created  or  formed,  the  election  or  appointment  of 
its  officers,  agents  or  servants,  the  enactment  of  by-laws,  the 
transfer  of  stocks,  the  collection  of  unpaid  balances  of  subscrip- 
tion to  stock,  and  all  other  acts,  which  by  such  original  charter 
and  the  amendments  thereto  have  been  or  may  hereafter  be  re- 
gulated shall  be  determined  and  regulated  by  and  performed  in 
accordance  with  said  original  charter  and  amendments  thereto, 
except  as  herein  otherwise  provided. 

SEC.  5.  This  act  shall  not  be  so  construed  as  to  deprive  any 
purchaser  or  purchasers  of  the  railroads,  or  parts,  sections  or 
branches  thereof,  mentioned  and  described  in  an  act  entitled 
"  An  Act  to  provide  for  the  sale  of  certain  railroads  and  proper- 
ty by  the  governor,  to  foreclose  the  state's  lien  thereon,  to  secure 
an  early  completion  of  the  Southwest  Branch  Pacific,  the  Platte 
Country,  the  St.  Louis  and  Iron  Mountain,  and  tin-  Cairo  and  Ful- 
ton Railroads,  of  Missouri,"  approved  February  19,  1866,  from 
any  of  the  benefits,  powers  and  privileges  by  said  act  conferred 
upon  such  purchaser  or  purchasers. 

SEC.  6.  Nothing  in  this  act  shall  be  so  construed  as  to  make 
it  obligatory  upon  the  purchaser  or  purchasers  of  any  railroad, 
or  part,  section  or  branch  thereof,  which  may  be  sold  as  afore- 
said to  incorporate  under  this  or  any  other  act  of  the  Legislature, 
but  such  purchaser  or  purchasers  may,  if  he  or  they  see  fit,  pro- 
ceed,  without  such  incorporation,  to  take  possession  and  control 
of,  construct,  manage  and  operate  the  same  in  accordance  with 
the  terms  of  this  particular  act,  under  which  such  railroad,  or 
any  part,  section  or  branch  thereof,  may  have  been  sold  to  him 
or  them,  and  such  purchaser  or  purchasers  may  avail  himself  or 
themselves  of  such  corporate  rights  or  franchises  as  he  or  they 
may  have  acquired  by  such  purchase. 

SEC.  7.  Nothing  in  this  act  shall  be  so  construed  as  to  relieve 
the  purchaser  or  purchasers  of  any  of  the  railroads  sold  under 
the  act  in  the  preceding  section  mentioned,  from  the  terms,  con- 
ditions and  limitations  of  such  act. 

SEC.  8.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  20,  1866. 


37 


NOTICE  OF  SALE 


OP  THE 


SOUTHWEST  PACIFIC  RAILROAD. 

(Heretofore  called  the  Southwest  Branch  of 
the  Pacific  Railroad.) 


OFFICE  OP  THE  BOARD  OF  COMMISSIONERS  FOR  THE  SOUTH- 
WEST PACIFIC  RAILROAD, 

ST.  Louis,  Mo.,  March  2,  1866. 

The  undersigned  hereby  give  public  notice  that,  in  pursuance 
of  an  act  of  the  General  Assembly  of  the  State  of  Missouri,  en- 
titled "  An  act  to  provide  for  the  sale  of  certain  railroads  and 
property  by  the  governor,  to  foreclose  the  state's  lien  thereon, 
and  to  secure  an  early  completion  of  the  Southwest  Branch  Pa- 
cific, the  Platte  Country,  the  St.  Louis  and  Iron  Mountain,  and 
the  Cairo  and  Fulton  Railroads,  of  Missouri,"  approved  Februa- 
ry 19th,  1866,  the  undersigned  have  been  duly  appointed,  con- 
firmed, qualified  and  established  a  Board  of  Commissioners,  un- 
der the  terms  and  provisions  of  said  act,  with  full  authority  to 
take  possession  of,  manage  and  operate  said  Southwest  Pacific 
Railroad,  (heretofore  called  the  Southwest  Branch  of  the  Pacific 
Railroad,)  and  to  buy  in  and  re-sell,  or  to  sell  and  dispose  of  the 
same  to  others,  with  all  and  singular  the  lands  heretofore  ap- 
propriated to  the  construction  of  said  railroad  and  belonging  to 
the  Pacific  Railroad,  for  the  use  and  benefit  of  said  Southwest 
Branch,  at  the  time  of  its  default,  as  provided  by  the  act  of  said 
General  Assembly,  entitled  "  An  act  to  accept  a   grant  of  land 
made  to  the  State  of  Missouri  by  the  Congress  of  the  United 
States,  to    aid  in  the  construction  of  certain  railroads  in  this 
state,  and  to  apply  a  portion  thereof  to  the  Pacific  Railroad," 
approved  December  25th,  1852;  also,  with  all  and  singular  the 
rolling  stock  and  other  personal  property,  machine  shops,  depots, 


38 

real  estate,  leasehold  or  other  interest  therein,  and  all  the  rights, 
privileges  and  franchises  to  said  Southwest  Pacific  Railroad 
(heretofore  known  as  said  Southwest  Branch  of  the  Pacific 
Railroad)  appertaining  or  in  any  wise  belonging. 

And  the  undersigned,  commissioners  as  aforesaid,  in  further 
pursuance  of  the  terms  of  said  act,  approved  February  19th, 
1866,  do  hereby  invite  written  and  sealed  proposals  for  the  pur- 
chase of  said  Southwest  Pacific  Railroad,  (heretofore  known  as 
the  Southwest  Branch  of  the  Pacific  Railroad,)  and  all  the  other 
property,  appurtenances,  privileges  and  franchises  aforesaid;  in 
which  proposals  must  be  stated  the  price  bid  for  the  same, 
and  that  such  proposal  is  based  upon  the  following  terms  and 
conditions,  viz : 

First.  The  price  or  consideration  bid,  shall  be  payable  as  fol- 
lows :  One-fourth  on  closing  the  contract,  an<l  the  balance  in 
five  equal  annual  installments ;  the  first  installment  payable  in 
one  year,  the  second  in  two,  the  third  in  three,  the  fourth  in 
four,  and  the  fifth  in  five  years  thereafter,  with  six  per  eent.  in- 
terest on  deferred  payments,  payable  annually  \provi<1«l  that  all 
sums  bid  may  be  paid  at  any  time  in  either  cash  or  the  bonds 
or  other  liabilities  of  the  state,  or  bonds  guaranteed  by  the 
state. 

Second.  The  roads  and  all  rolling  stock  belonging  thereto, 
shall  be  kept  in  good  serviceable  condition  during  the  progress 
of  the  work  to  completion  of  said  roads. 

Third.  The  said  Southwest  Pacific  Railroad  (formerly  known 
as  the  Southwest  Branch  of  the  Pacific  Railroad)  shall  be  finish- 
ed to  a  point  opposite  the  town  of  Lebanon,  in  Laclede  county, 
within  three  years ;  to  the  town  of  Springfield,  in  Greene  coun- 
ty, within  four  years,  and  to  the  western  line  of  the  state  in  five 
years  after  the  date  of  sale ;  and  that  if  the  bid  be  ace  epted, 
the  bidder  or  bidders  shall  expend  at  least  five  hundred  thou- 
sand dollars  in  each  and  every  year  between  the  date  of  sale  and 
date  fixed  for  the  completion  aforesaid,  in  the  work  upon  the 
graduation,  masonry  or  superstructure  of  said  extension.  Pro- 
vided, that  the  faithful  annual  expenditures  required  as  aforesaid, 
shall  entitle  the  company  to  an  extension  of  time  of  payment  of 
principal  of  purchase  money  due,  that  year,  until  two  years  af- 
ter maturity  of  last  installment ;  and  provided,  that  an  annual 


39 

statement  of  expenditures  on  the  road  shall  be  made  under  oath 
by  the  treasurer  and  two  directors  thereof,  and  filed  with  the 
secretary  of  state. 

Proposals  will  be  received  until  the  9th  day  of  May,  A.  D. 
1866. 

They  must  be  directed  to  P.  Jos.  Osterhaus,  president  of 
the  board  of  commissioners  of  the  Southwest  Pacific  Railroad, 
St.  Louis,  Mo.,  and  indorsed  "  Proposals  for  purchase  of  South- 
west Pacific  Railroad." 

Awards  must  be  approved  by  the  governor  before  they  will 
be  binding  upon  the  state. 

The  undersigned  commissioners,  as  aforesaid,  reserve  the  right 
to  reject  any  and  all  proposals  not  satisfactory. 

Copies  of  the  act,  approved  February  19th,  1866,  under  which 
this  board  is  acting,  can  be  obtained  upon  application  to  the 
commissioners. 

As  soon  as  practicable  a  catalogue  of  the  rolling  stock  and  per- 
sonal property  to  be  sold,  will  be  issued,  and  can  also  be  had 
upon  application  to  the  commissioners. 

P.  JOS.  OSTERHAUS, 
ROBT.  J.  McELHANEY, 
A.  W.  MAUPIN. 

Board  of  Commissioners. 
ST.  Louis,  March  2d,  1866. 


41 


PKOPOSAL 

OP 

JOHN   C.  FREMONT. 

P.  JOS.  OSTERHAUS,  ROBERT  J.  McELHANEY,  and 
A.  W.  MAUPIN",  Commissioners  for  the  SOUTH wssr 
PACIFIC  RAILBOAD: 

In  pursuance  of  your  notice,  dated  St.  Louis,  May  10th,  1866, 
inviting  proposals  to  buy  the  Southwest  Pacific  Railroad  and 
appurtenances  at  private  sale,  based  upon  the  terms  of  the  sev- 
enth section  of  the  Act  of  the  General  Assembly  of  the  State  of 
Missouri,  approved  February  19th,  1866, 1  herewith  make  the 
following  offer : — 

1.  I  propose  to  buy  under  the  provisions  of  said  seventh  sec- 
tion, for  the  sum  of  one  million  and  three  hundred  thousand 
($1,300,000)  dollars,  the  Southwest  Pacific  Railroad  and  all  the 
franchises,  privileges,  rights,  titles  appertaining  to  the  same,  the 
rolling  stock,  machine  shop,  and  all  the  property,  real  and  per- 
sonal of  every  description,  belonging  or  in  any  wise  appertain- 
ing thereto,  and  the  lands  granted  by  the  United  States  to  the 
State  of  Missouri  by  Act  of  Congress  approved  June  10th,  1852, 
and  by  the  State  granted  to  the  Pacific  Railroad,  for  the  construe- 


42 

tion  of  the  Southwest  Branch,  by  Act  of  the  General  Assembly 
of  Missouri,  approved  December  25th,  1852. 

2.  The  purchase  money  is  to  be  paid  in  the  following  install- 
ments :  One-fourth  of  said  sum  shall  be  payable  on  the  execution 
and  delivery  to  me  of  the  deed  of  conveyance  provided  for  in 
section  eight  of  the  Act  to  provide  for  the  sale  of  certain  rail- 
roads, approved  February  19th,  3866,  and  the  balance  in  four 
equal  annual  installments — the  first  installment  payable  in   one 
year,  the  second  in  two  years,  the  third  in  three  years,  and  the 
fourth  in  four  years  after  the  execution  and  delivery  of  said  deed, 
with  six  per  cent,  interest  on  the  deferred  payments,  payable  an- 
nually; provided  that  any  part  or  the  whole  of  said  sums  may 
be  paid  at  maturity,  or  at  any   time  before  maturity,  in   either 
cash  or  bonds,  or  other  liabilities  of  the  State,  or  bonds  guaran- 
teed by  the  State,  which  bonds  are  to  be  taken  in  payment  for 
the  amount  of  principal  and  interest  due  on  the  same ;  and  in 
case  of  payment  of  any  installment  before  maturity,  interest  on 
the  same  shall  be  collected  only  to  the  day  of  payment  of  the 
same. 

3.  The  Southwest  Pacific  Railroad  and  rolling  stork  belong- 
ing thereto  shall  be  kept  in  good  serviceable  condition  during  the 
progress  <>f  the  work  to  the  completion  of  the  road. 

4.  The  work  of  construction  shall  be  commenced  by  me,  my 
associates  or  assigns,  within  thirty  days  after  the  delivery  of  the 
deed  to  me,  and  shall  be  finished  to  a  point  opposite  the  town  of 
Lebanon,  in  Laelede  County,  within  one  year  and  nine  months 
thereafter;  to  the  town  of  Springfield,  in  Greene  County,  within 
two  years  and  six  months  thereafter;  and  to  the  western  line  of 
the  State  in  three  years  and  six  months  thereafter;  provided  that 
if  on  examination  it  shall  be  found  practicable   and  lawful  to 
avoid  a  proposed  tunnel  and  heavy  embankment  between  Little 
Piney  and  the  town  of  Lebanon,  which  proposed  works  are  the 
ruling  feature  of  the  present  location  of  the  road,  the  period  of 
completion  to  the  points  named  shall  be  shortened  so  as  to  be  as 
follows :  to  Lebanon  within  one  year  and  six  months,  to  Spring, 
field  within  two  years,  and  to  the  State  line  in  three  years. 

5.  I  bind  myself  to  expend  at  least  five  hundred  thousand  dol- 
lars in  each  and  every  year  between  the  date  of  sale  and  date 


43 

fixed  for  the  completion  aforesaid,  in  work  upon  the  graduation, 
masonry,  superstructure  and  equipment  of  said  extension. 

6.  This  purchase  shall  be  made  subject  to  the  conditions  of  for- 
feiture enumerated  in  the  fourteenth  section  of  the  Act  of  the 
General  Assembly  approved  February  19th,  1866,  providing  for 
the  sale  of  certain  railroads,  &c. 

7.  For  the  amount  of  purchase  money  remaining  unpaid,  the 
State  shall  retain  and    have  a  first  lien   on  all  property  and 
franchises  purchased  by  me,  which  lien  shall  be  evidenced  by  a 
mortgage  to  be  executed  by  me,  my  associates  and  assigns  in 
conformity  with  the  provisions  of  the  eighth  section  of  said 
act. 

8.  By  said  purchase,  I  shall  be  deemed  to  have  acquired  all 
the  rights,  franchises,  privileges  and  immunities  granted  to  the 
purchaser  by  the  provisions  of  said  Act,  and  the  act  amenda- 
tory thereto,  and  particularly  those  enumerated  in  the  ninth 
section  of  said  act. 

9.  As  purchaser  of  said  road,  franchises,  etc.,  I,  my  associates 
and  assigns  shall  have  the  right  to  borrow  money  for  the  com- 
pletion of  said  road  and  payment  of  the  purchase  money  to  the 
State,  in  such  amounts  and  denominations,  on  such  terms  and  in 
such  form  as  may  be  thought  proper  by  myself,  associates  and 
assigns.     And  I,  my  associates  and  assigns,  shall  have  the  right 
to   secure   the   money    borrowed   and    the   evidence   thereof—- 
whether in  the  shape  of  bonds  or  otherwise,  by  a  mortgage  or 
deed  of  trust  or  pledges  of  the  finished  or  unfinished  portion  of 
the  road  and  appurtenances  and  lands  acquired  by  said  purchase, 
without  being  subject  in  relation  to  such  loans,  bonds,  mortga- 
ges and  pledges,  to  any  conditions  or  restrictions  enumerated  in 
the  tenth  section  of  said  act  of  the  General  Assembly,  providing 
for  the  sale  of  certain  railroads,  etc.,  approved  February  19th, 
1866. 

10.  In  consideration  of  the  premises,  the  State  shall  carry  out 
the  provisions  of  the  eleventh  section  of  said  act,  and  you,  gen- 
tlemen, Commissioners,  are  expected  and  requested  to  use  your 
best  endeavors  to  carry  into  effect  the  provisions  of  the  thir- 


44 

teenth  section  of  said  act  before  the  execution  and  delivery  of  § 
the  deed. 

11.  To  enable  me  to  carry  out  this  proposal,  if  accepted  by 
you,  it  is  necessary  that  no  time  should  be  lost  in  commencing 
work.  I,  therefore,  request  an  acceptance  of  or  reply  to  my 
proposition  within  two  days,  reserving  to  myself  the  right  to 
withdraw  the  same  if  not  accepted  within  that  time.  In  case  of 
an  acceptance  of  my  proposal,  I  expect  the  necessary  com  r 
and  deeds  to  be  executed  within  reasonable  time. 

(Signed)  J.  C.  FREMOXT. 

EMIL  PRKETOEIUS,  his  Attorney  in  fact. 

ST.  Louis,  Mo.,  May  12th,  1866. 


Commissioners'  Office,  S.  W.  P.  R.  R.,  May  12th,  1866. 

Tin-  f.i  reining  proposal  is  accepted  by  us,  and   is  recommend- 
ed for  approval  to  his  excellency  the  Governor  of  Missouri. 

(Signed)  P.  JOS.  OSTKRIIATS, 

R.  J.  McELIIAXKY, 
A.  AV.  MAUPIX. 

Approved. 

(Signed)        THOMAS  C.  FLETCHER. 

In  testimony  whereof,  I,  Thomas  C.  Fletcher,  Governor  of  the 
State  of  Missouri,  have  hereunto  set  my  hand  and  ea 

[L.S.]        to  be  affixed  the  great  seal  of  the  State  of  Missouri. 

Done  at  the  city  of  Jefferson,  this  seventeenth  day  of 
May,  A.  D.,  1866. 

By  the  Governor. 

(Signed)  FRANCIS  RODMAN, 

Secretary  of  State. 


45 

W7iereas,  By  virtue  and  under  authority  of  the  fourth  section 
of  an  Act  of  the  General  Assembly  of  Missouri,  entitled  "  An 
"Act  to  provide  for  the  sale  of  certain  railroads  and  property  by 
"  the  Governor,  to  foreclose  the  State  lien  thereon  and  to  secure 
"  an  early  completion  of  the  Southwest  Branch  Pacific,  the 
"  Platte  Country,  the  St.  Louis  and  Iron  Mountain,  and  the  Cairo 
"and  Fulton  Railroads,  of  Missouri,  approved  February  19th, 
"  1866,"  the  undersigned  Board  of  Commissioners  did  publish  a 
notice  for  at  least  sixty  days,  inviting  proposals  for  the  purchase 
of  the  Southwest  Pacific  Railroad  (formerly  known  as  the  South- 
west Branch  of  the  Pacific  Railroad),  together  with  the  lands, 
appurtenances  and  franchises  thereto  belonging ;  and  whereas, 
on  the  day  named  in  said  notice,  to  wit,  on  the  9th  day  of  May, 
A.  D.  1866,  said  Board  of  Commissioners  proceeded  to  compare 
the  several  bids  and  proposals  by  them  received,  and  deeming 
them  unsatisfactory,  rejected  the  same ;  and,  whereas,  in  pursu. 
ance  of  the  seventh  section  of  said  act,  the  Governor  of  the  State 
of  Missouri  did  in  writing  direct  the  said  Commissioners,  on  the 
10th  day  of  May,  1866,  to  sell  said  road  and  all  its  lands,  prop- 
erty, franchises  and  appurtenances  at  private  sale ;  and,  whereas, 
John  C.  Fremont,  on  the  twelfth  day  of  May,  1866,  made  a  pro- 
posal in  writing  to  said  Commissioners,  for  the  purchase  of 
said  road  at  private  sale,  under  the  provisions  of  the  seventh  sec- 
tion of  said  act,  a  true  copy  of  which  proposal  is  hereto  attached 
and  made  part  of  this  contract,  except  so  far  as  the  terms  there- 
of are  modified  by  the  terms  herein  provided  ;  and,  whereas,  said 
proposal  was,  on  the  twelfth  day  of  May,  1866,  duly  accepted  by 
said  board  of  Commissioners,  and  the  sale  so  made  was  approved 
by  said  Governor ;  Nowjherefore,  this  agreement,  made  and  enter- 
ed into  this  twenty-eighth  day  of  May,  A.  D.  1866, by  and  between 
P.  Jos.  Osterhaus  and  Robt.  J.  McElhaney,  constituting  a  major- 
ity of  the  Board  of  Commissioners  aforesaid,  acting  on  behalf  of 
the  State  of  Missouri,  under  the  authority  of  the  act  aforesaid, 
parties  of  the  first  part,  and  John  C.  Fremont,  of  the  City  of 
New  York,  party  of  the  second  part,  Witnesseth:  First,  that 
said  John  C.  Fremont  has  agreed,  and  by  these  presents  does 
agree  to  buy,  and  said  Commissioners  have  agreed  to  sell  to  said 
John  C.  Fremont,  for  the  sum  of  one  million  and  three  hundred 
thousand  dollars  ($1,300,000),  the  Southwest  Pacific  Railroad 
(formerly  called  the  Southwest  Branch  of  the  Pacific  Railroad), 


46 

and  all  the  franchises,  privileges,  rights,  titles,  choses  in  action 
and  easements  appertaining  to  the  same ;  the  rolling  stock,  cars, 
engines,  depots,  machine  shops,  and  all  the  property,  real  and 
personal  of  every  description,  belonging  or  in  any  wise  appertain- 
ing thereto,and  the  lands  granted  by  the  United  States  to  the  State 
of  Missouri,  by  an  act  of  Congress  entitled  "An  Act  granting  the 
«' right  of  way  to  the  State  of  Missouri,  etc.,"  approved  June  10, 
1852,  and  by  said  State  granted  to  the  Pacific  Railroad  Compa- 
ny for  the  construction  of  the  Southwest  Branch  of  the  Pacific 
Railroad  by  act  of  the  General  Assembly  of  .Missouri,  approved 
December  25th,  1852,  and  all  other  subsequent  acts  relating  to 
said  Southwest  Branch  Railroad  and  the  Pacific  Railroad  ;  and 
generally  all  property,  rights,  titles  and  franchises  appertaining 
to  said  Southwest  Ilram-li  Railroad  which  have  become  the  prop- 
erty of  the  State  by  operation  of  law,  whether  reduced  t 
sion  by  the  State  or  the  Governor  of  the  State,  or  not. 

Secondly.  That  the  purchase  money  is  to  be  paid  in  the  fol- 
lowing installments  :  one-fourth  of  said  sum  shall  be  payable  on 
the  execution  and  delivery  to  said  John  C.  Fremont  of  the  formal 
deed  of  conveyance  provided  to  be  executed  and  delivered  to  the 
purchaser  by  the  Governor  of  the  State,  under  the  provisions  of 
the  eighth  section  of  the  act  of  February  10th,  1806,  af«nvsaid. 
The  balance  of  said  purchase  money  shall  be  paid  in  four  equal 
annual  installments;  the  first  payable  in  one  year,  the  second  in 
two  years,  the  third  in  three  years,  and  the  fourth  in  four  years 
after  the  execution  and  delivery  of  said  deed,  with  six  per  cent, 
interest  on  the  deferred  payments,  payable  annually  ;  j>/ 
that  any  part  or  the  whole  of  said  sums  may  be  paid  at  maturity 
or  any  time  before  maturity,  either  in  cash  or  bonds,  or  other  lia- 
bilities of  the  State,  or  bonds  guaranteed  by  the  State,  which 
bonds  are  to  be  taken  in  payment  for  the  amount  of  principal  and 
interest  due  on  the  same,  and  in  case  of  payment  of  any  install- 
ment before  maturity,  interest  on  the  same  shall  be  collected  only 
to  the  day  of  payment  thereof. 

Thirdly.  The  Southwest  Pacific  Railroad  and  rolling  stock  be- 
longing thereto  shall  be  kept  in  good  serviceable  condition  by 
the  purchaser,  or  his  representatives  or  assigns,  during  the  pro- 
gress of  the  work  to  the  completion  of  the  road. 


47 

Fourthly.  The  work  of  construction  shall  be  commenced 
by  said  John  C.  Fremont,  his  associates  or  assigns,  within  thirty 
days  after  the  delivery  to  him  of  the  deed,  and  shall  be  finished 
to  a  point  opposite  the  town  of  Lebanon,  in  Laclede  County, 
within  one  year  and  nine  months  thereafter ;  and  to  the  town  of 
Springfield,  in  Greene  County,  within  two  years  and  six  months ; 
and  to  the  western  line  of  the  State  in  three  years  and  six  months 
after  the  delivery  of  the  said  deed ;  provided  that  if  upon  examina- 
tion it  shall  be  found  practicable  and  lawful  to  avoid  a  propo  sed 
tunnel  and  heavy  embankment  between  the  Little  Piney  and  the 
town  of  Lebanon,  which  proposed  works  are  the  ruling  features 
of  the  present  location  of  the  road,  the  change  may  be  adopted, 
and  the  periods  of  completion  to  the  points  named  shall  be  short- 
ened so  as  to  be  as  follows :  to  Lebanon  within  one  year  and  six 
months,  to  Springfield  within  two  years,  and  to  the  western  line 
of  the  State  in  three  years. 

Fifthly.  The  said  John  C.  Fremont  binds  himself  and  his  asso- 
ciates, representatives  and  assigns,  to  expend  at  least  five  hun- 
dred thousand  dollars  in  each  and  every  year  between  the  date 
of  sale  and  the  date  fixed  for  the  completion  of  the  road  as  pro- 
vided herein,  in  work  upon  the  graduation,  masonry,  superstruc- 
tures and  equipment  of  said  extension. 

Sixthly.  Any  failure  on  the  part  of  said  John  C.  Fremont,  his 
associates  or  assigns,  to  pay  the  purchase  money  as  herein  pro- 
vided, and  to  expend  the  sums  of  money  required  as  herein 
stated,  for  the  completion  of  the  road,  or  any  failure  to  keep  and 
perform  any  of  the  conditions  of  this  agreement,  by  him  or  them 
to  be  kept  and  performed,  shall  work  a  forfeiture  of  said  road,  its 
franchises,  rolling  stock,  appurtenances  and  other  property,  both 
real  and  personal,  to  the  State  of  Missouri ;  and  in  case  the  Gov- 
ernor deem  it  advisable,  he  shall  then  proceed  at  once  to  take 
possession  of  the  same,  without  aid  of  any  writ  or  process  of  law ; 
shall  hold  and  operate  the  same  through  such  agents  as  he  may 
appoint  therefor,  until  the  General  Assembly  shall  otherwise  dis- 
pose of  the  same,  for  the  purpose  of  foreclosing  the  State's  lien 
or  mortgage,  or,  at  his  option,  may  proceed  to  sell  the  same  to 
the  highest  bidder,  for  cash  or  bonds  of  the  State,  at  public  ven- 
due,  at  the  east  front  door  of  the  Court  House  in  St.  Louis,  Mis- 


48 

souri,  first  having  given  notice  of  the  time,  terms  and  place  of 
sale,  and  of  the  property  to  be  sold,  by  advertisement  in  one 
daily  newspaper  published  in  each  of  the  cities  of  St.  Louis,  Xew 
York,  Boston  and  Philadelphia,  for  three  months  prior  to  the  day 
of  sale. 

Seventhly.  For  the  amount  of  purchase  money  rcmainii; 
paid,  and  for  the  performance  of  each  and  all  of  the  condition! 
and  undertakings  by  the  said  John  C.  Fremont  and  his  associ- 
ates or  assigns,  to  be  performed  under  this  contract,  the  state 
shall  have  the  first  lien  which  said  Fremont  can  give  upon  all  the 
property  and  franchise!  purchased  by  said  Fremont.  Hen 

shall  be  evidenced  by  a  mortgage  upon  said  propi :  '-an- 

chise<,  in  .hie  form  of  law,  and  in  accordance  with  the  terms  of 
this  contract. 

AV;/// //////.  By  the  purchase  and  deed  of  conveyance  above  men- 
tioned, the  said  John  ( '.  I-'n  i-mont  and  his  represent:, 
ates  or  a>-i'_rns,  shall  acquire  all    the  rights,  franchises,  privii* 
ai.d    immunities    granted    to  the  purchaser  by  the    pr<>\ 

.".ct  authorizing  this  contract,  and  tl 

of;  and  said  Fremont,  his  a<s<>ri;n  -  -nt- 

atives,  shall     thereby   ae^uire,    and    may    at    their  vail 

themselves  of  all  the  rights,  franchise's,  privileges    ami   immuni- 

.  which  were  had  and  enjoyed  by  the  Pacilic   kailn 
pauy,  for  whose' default  said  Southwest  Pacific  Railr-  »ld, 

under  the  charter  of  the  said  Pa«-i!i,-  Railroad  Company  and    the 
laws  amendatory  thereof,  subject,  however,  to  the  c< 
limitations  therein  contained,  and  not  inconsistent  with  the 
under  which  this  contract  is  made. 

Xl/ttJtl>/.  As  purchasers  of  said  road,  franchises,  etc.,  said  John 
C.  Fremont,  his  associates  and  assigns,  shall  have  the  right  to 
borrow  money  for  the  completion  of  said  road  and  payment  of 
the  purchase  money  to  the  State,  in  such  amounts  and  denomina- 
tions, on  such  terms  and  form  as  they  may  deem  best,  without 
being  subject  to  the  requirements  or  conditions  of  the  t< 
tion  of  said  act,  approved  February  19th,  1866  ;  i>r<  d  it 

is  hereby  understood,  that  the  lien  of  the  state  for  any  of  the  mat- 
ters aforesaid  is  not  to  be  waived,  or  in  any  wise  impair 


49 

Tenthly.  In  consideration  of  the  premises,  the  State  of  Missouri 
has  agreed  to  carry  into  effect  the  provisions,  and  to  perform  the 
conditions,  of  the  eleventh  section  of  said  act  of  the  General  As- 
sembly, approved  19th  February,  1866,  under  which  this  sale  is 
made ;  and  in  pursuance  of  said  provisions,  the  State  of  Missouri 
hereby  agrees  that  the  act  approved  March  2d,  1861,  entitled 
"  An  Act  concerning  the  bonds  of  the  Pacific  Railroad  guaran- 
"  teed  by  the  State,"  shall  remain  in  full  force,  and  that  the  State 
assumes  the  full  payment  of  such  guaranteed  bonds,  not  exchang- 
ed, as  provided  for  in  said  act,  and  will  hold  said  John  C.  Fre- 
mont, his  associates,  assigns,  and  legal  representatives,  harmless 
on  account  of  said  outstanding  bonds,  and  that  the  Governor  shall 
take  all  steps  necessary  and  advisable  to  carry  out  the  foregoing 
terms. 


When  said  Fremont,  his  associates,  assigns  and  legal  rep- 
resentatives, shall  have  constructed  and  in  running  order  twenty 
miles  of  said  road,  extending  on  their  line  west  of  Holla,  and 
shall  exhibit  satisfactory  proof  thereof  to  the  Governor  of  the 
State,  in  order  that  said  Fremont,  his  associates,  and  assigns,  and 
legal  representatives,  may  be  enabled  to  make  title  to  .such  lands 
as  they  are  authorized  to  sell,  the  Governor  of  the  State  shall 
and  will  issue  the  necessary  certificate  to  the  Secretary  of  the  In- 
terior, as  provided  for  in  section  five  of  the  act  of  Congress  entitled 
"  An  Act  granting  the  right  of  way  to  the  State  of  Missouri, 
&c.,"  approved  June  10,  1852.  And  in  consideration  of  the  prem- 
ises, the  Commissioners  will  use  their  best  endeavors  to  carry  into 
effect  the  provisions  of  the  thirteenth  section  of  the  act  under 
which  this  contract  is  made,  and  the  said  John  C.  Fremont  shall 
have  the  benefit  of  any  action  taken  under  the  provisions  of  said 
act ;  and  any  act  or  proceeding  in  law  which  may  be  commenced 
by  said  Commissioners  before  a  sale  be  completed,  shall  continue 
thereafter  in  their  names  for  the  benefit  of  said  Fremont,  his  as- 
sociates, assigns  and  legal  representatives. 


In  witness  whereof,  the  said  Commissioners  of  the  Southwest 
Pacific  Railroad,  by  the  majority  thereof,  on  behalf  of  the  State, 
and  by  virtue  of  the  power  in  them  vested  by  the  acts  aforesaid, 
and  the  said  John  C.  Fremont,  by  his  lawfully  appointed  attorney 


50 

in  fact,  have  hereto  set  their  hands  and  seals  the  said  twenty, 
eighth  day  of  May,  A.  D.  1866. 

(Signed) 

Board  of  Commissioners      j   P.  JOS.  OSTERIIArs,     [SF.AL.] 
Southwest  Pacific  Railroad,  (   11.  J.  McELHANEY.         |SI:AI..J 

JOHN  C.  FIJEMOXT.     |s»:.u,] 
By  EMIL  PJREETOKIUS,  his  Attorney  in 

Done  in  duplicate. 

All  interlineations,  erasures  and  alterations 
made  before  delivery  hereof. 

Witness:  (Signed)     CHESTER  HARDING,  JR. 

JAMES  TAUSSIG. 

Approved  June  the  13th,  A.  D.  1866. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  en' 
the  Gri'it  -s'  •//  of  «he  */'f/t  <>f  J//XNO///V  to  lie  ntlixed. 

Done  at   tlie  City  of  Jefferson,  tliis  thirteenth  day  «.f 
r  -,     -Tune.  A.  I).    1866,  of  the    independence   of  the    I'nited 

States  the  ninetieth,  and  of  the  State  of  Missouri   the 
forty-sixth. 

TIIOS.  C.  FLETCIT 

By  the  Governor, 

FUANCM  KODMAH,  Secretary  of  State. 

Office  of  the  Secretary  of  State,  ) 
City  ofJelferxm,  Missouri.      j 

I,  Francis  Hodman,  Secretary  of  the  State  of  Missouri,  hereby 
certify,  that  the  annexed  pages  c«.ntain  a  true,  Complete,  and  full 
copy  of  the  proposals  made  and  contract  entered  into  l>y  and  l»e- 
tween  John  C1.  Fremont  and  the  Hoard  of  Commissioners  of  the 
Southwest  Pacific  Railroad,  relative  to  the  sale  of  the  said  South- 
west Pacific  Railroad,  as  appears  by  comparing  the  same  with  the 
original  roll  of  said  proposal  and  contract,  now  on  tile,  as  the 
law  directs,  in  this  office. 

In  testimony  whereof^  I  have  hereunto  set  my  hand  and 
[SEAL.]  affixed  my  official  seal.     Done  at  office,  this  fourteenth 
day  of  June,  A.  D.  eighteen  hundred  and  sixty-six. 

FRANCIS  RODMAN, 

Secretary  of  State. 


SI 


U.  S.  STAMP. 

$1.00 
J.  C.  F. 

June  4,  '66. 


Know  all  men  ly  these  Presents  : 

That  we,  John  C.  Fremont,  of  the  City  of  New  York,  and 
State  of  New  York,  and  Jessie  Benton  Fremont,  wife  of 
said  John  C.  Fremont,  have  made,  constituted  and  appointed, 
and  by  these  presents  do  make,  constitute  and  appoint,  James 
Taussig,  of  the  City  of  St.  Louis,  and  State  of  Missouri,  our  true 
and  lawful  attorney,  for  us  and  in  our  names,  place  and  stead, 
or  in  the  name,  place  and  stead  of  either  of  us,  to  execute,  ac- 
knowledge and  deliver  to  the  State  of  Missouri,  or  to  the  Gov- 
ernor of  that  State,  or  other  proper  officer,  a  mortgage  on  the 
Southwest  Pacific  Railroad,  its  franchises,  lands,  and  property, 
pursuant  to  the  act  of  the  General  Assembly  of  the  State  of  Mis- 
souri, entitled  "An  Act  to  provide  for  the  sale  of  certain  rail- 
"  roads,"  &c.,  &c.,  approved  February  19th,  1866,  to  secure  the 
payment  of  the  unpaid  portion  of  the  purchase  money  for  said 
Southwest  Pacific  Railroad,  its  franchises,  lands  and  property 
lately  purchased  by  said  John  C.  Fremont,  under  the  authority 
of  said  act ;  also  to  secure  the  performance  of  the  other  un- 
dertakings, covenants  and  agreements  mentioned  and  set  forth 
in  the  contract  of  sale  of  said  road  to  said  Gen'l  John  C.  Fremont, 
made  and  entered  into  on  the  28th  day  of  May,  1866,  between 
the  State  of  Missouri,  by  its  commissioners,  under  said  act,  and 
said  John  C.  Fremont,  and  by  him  or  his  assigns  and  representa- 
tives to  be  performed ;  and  to  execute,  acknowledge  and  deliver 
any  contracts,  deeds,  covenants  or  instruments  relating  to  said 
purchase  and  sale,  giving  and  granting  unto  our  said  attorney 
full  power  and  authority  to  do  and  perform  all  and  every  act  and 
thing  whatsoever  requisite  and  necessary  to  be  done  in  and  about 
the  premises  as  fully  to  all  intents  and  purposes  as  we  might  or 
could  do  if  personally  present,  with  full  power  of  substitution 
and  revocation,  hereby  ratifying  and  confirming  all  that  our  said 
attorney  or  his  substitute  shall  lawfully  do  or  cause  to  be  done 
by  virtue  hereof.  In  witness  whereof,  we  have  hereunto  set  our 


52 

hands  and  seals,  the  fourth  day  of  June  in  the  year  one  thousand 
eight  hundred  and  sixty-six. 

(Signed)  JOHN  C.  FREMONT.  [L.S.] 

JESSIE  BENTON  FREMONT.     [L.S.] 

The  words  "  of  said  road  " 
interlined  before  execution. 

Sealed  and  delivered  in  the  presence  of 

CHAS.  NETTLETON, 

A.    N  ALMA  NX. 


STATE  OP  NEW  YORK,  )  gg 

CITY  AND  COUNTY  OF  NEW  YORK,  i 

I,  Charles  Nettlcton,  .1  Commissioner  for  Missouri  in  the  State 
nnd  City  of  New  York,  d«>  hereby  certify  that  on  this  fourth 
day  of  June,  A.  I),  one  thousand  eight  hundred  and  sixty-six, 
>nally  came  before  me  John  C.  Fremont  and  Josie  I>cnton 
Fremont,  liis  wife,  who  are  personally  !<n<.wn  to  m»-  to  be  the 
same  pc,  id  in  find  whose  namee  d  to  the 

within  and  foregoing  power  of  attorney  as  parlies  thereto,  and 
severally  a<-kno\\  -led^ed  the>:i;ne  lobe  their  act  and  <lee«l  tor  the 
uses  and  purposes  therein  mentioned,  nnd  the  said  .! .  it  on 

Fremont,  wife  of  the  said  John  C.  Fremont,  h::  D  by  mo 

first  made  acquainted  with  the  contents  of  said  power  <>f  attor- 
ney, acknowledged  <>n  an  i-x.-nuinntion  apart  from  her  husband 
that  she  executed  the  same,  and  thereby  relinquished  and  author- 
i/ed  the  reliiKjiiishment  of  her  dower  in  the  real  estate  therein 
mentioned,  freely  and  without  compulsion  or  undue  inilucn< 
her  husband.  In  witness  whereof,  I  have  hereunto  set  my  hand 
and  allixed  my  official  seal  on  this  4th  day  of  June,  A.  D.  1866. 

(Signed)  CHARLES  NETTLETOX, 

[SEAL.]  Commissioner  lor  Missouri,  in  New  York. 

STATE  OP  MISSOURI,      ) 
COUNTY  OP  ST.  Louis,   f   ! 

I,  the  undersigned,  Recorder  for  said  County,  certify  that  the 
foregoing  instrument  of  writing  was  filed  for  record  in  my  office 
June  15th,  1866,  and  is  truly  recorded  in  Book  320,  page  171. 

Witness  my  hand  and  official  seal,  date  aforesaid. 
[SEAL.]  JULIUS  CONRAD,  Recorder. 


53 


Not  subject  to 
Duty. 
TAUSSIG 


Stamp  Duty.        I 
W.  TAUSSIG.  ) 


THIS  DEED  made  and  entered  into  this  fourteenth  day  of  June, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
six,  by  and  between  the  State  of  Missouri,  party  of  the  first 
part,  and  John  C.  Fremont,  of  the  city  of  New-York,  in  the 
State  of  New- York,  party  of  the  second  part,  icitnesseth,  that 
the  said  State  of  Missouri,  party  of  the  first  part,  acting  through 
Thomas  C.  Fletcher,  Governor  of  the  State,  who  executes  these 
presents  by  virtue  and  under  authority  of  the  power  vested  in 
him  by  the  provisions  of  the  eighth  section  of  an  act  of  the  Gen- 
eral Assembly  of  the  State  of  Missouri,  entitled  "  An  act  to  pro- 
"  vide  for  the  sale  of  certain  railroads  and  property,  &c.,"  ap- 
proved February  19th,  1866,  in  consideration  of  the  sum  of  one 
million  and  three  hundred  thousand  dollars,  paid  to  the  said 
party  of  the  first  part  by  the  said  party  of  the  second  part,  the 
receipt  whereof  is  hereby  acknowledged,  and  in  further  consider- 
ation and  pursuance  of  the  terms  of  a  duplicate  contract  entered 
into  by  the  Board  of  Commissioners  for  the  Southwest  Pacific 
Railroad  with  said  party  of  the  second  part,  on  the  twenty- 
eighth  day  of  May,  A.  D.  1866,  approved  by  the  Governor  and 
filed  in  the  office  of  the  Secretary  of  State  as  provided  by  law, 
has  granted,  bargained,  sold,  conveyed,  confirmed,  assigned  and 
transferred,  and  by  these  presents  does  grant,  bargain,  sell,  con- 
vey, confirm,  assign  and  transfer  unto  the  said  John  C.  Fremont 
the  Southwest  Pacific  Railroad,  formerly  known  as  the  South- 
west Branch  of  the  Pacific  Railroad,  and  all  the  franchises, 
privileges,  rights,  choses  in  action  and  easements  appertaining 
to  the  same ;  the  rolling  stock,  cars,  engines,  depots,  machine- 
shops,  tanks  and  all  property  real  and  personal  of  every  descrip- 
tion belonging  or  in  anywise  appertaining  thereto,  and  also  the 
lands  granted  by  the  United  States  to  the  State  of  Missouri  by 
an  act  of  Congress,  entitled  "  An  act  granting  the  right  of  way 
"to  the  State  of  Missouri  and  a  portion  of  the  public  lands,  &c.," 
approved  June  10th,  1852,  and  by  the  State  of  Missouri  granted 
to  the  Pacific  Railroad  by  an  act  of  the  General  Assembly  of  the 
State  of  Missouri,  entitled  "  An  act  to  accept  a  grant  of  land 
made  to  the  State  of  Missouri,"  approved  December  25th,  1852, 
and  all  other  subsequent  acts  of  said  General  Assembly  relating 


54 

to  said  Southwest  Branch  Railroad  and  Pacific  Railroad,  and 
generally  all  property,  rights,  titles  and  franchises  appertaining 
to  said  Southwest  Branch  Railroad  and  Pacific  Railroad  which 
have  become  the  property  of  the  State  by  operation  of  law, 
whether  reduced  to  possession  by  the  State,  or  the  Governor  of 
the  State,  or  not.  To  have  and  to  hold  the  said  premises  and 
appurtenances  unto  the  said  party  of  the  second  part,  his  heirs 
and  assigns  forever.  And  the  State  of  Missouri,  party  of  the 
first  part,  by  these  presents  covenants  to  and  witli  the  said  party 
of  the  second  part,  his  heirs,  executory  administrators  mid  as- 
signs, that  the  said  party  of  the  first  part  shall  and  will  well  and 
truly  perform  the  conditions  and  stipulations  of  the  eleventh 
section  of  said  act  of  the  General  A<semMy,  approved  February 
19th,  1866;  and  that  the  said  party  of  the  lirst  part  shall  and  will 
well  ami  truly  perform  and  fulfil  the  conditions  by  her  :issu?n« 
be  performed  by  the  terms  of  the  contract  of  sale  hereinbefore  re- 
ferred to.  And  it  is  hereby  further  covenanted  un-l  agreed  by 
and  between  the  parties  hereto  that  the  said  John  C.  Fremont, 
his  heirs,  assigns  or  legal  representatives  may  at  their  option 
avail  themselves  of  all  the  rights,  franchises,  privileges  and  im- 
munities which  were  had  and  enjoyed  by  the  Pacific  Railroad, 
for  whose  default  said  Southwest  Pacific  Railroad  was  sold, 
under  the  charter  of  said  Pacific  Railroad  and  the  laws  amenda- 
tory and  supplementary  thereto,  subject,  however,  to  the  condi- 
tions and  limitations  therein  contained.  In  tt-xttimmy  whereof^ 
I,  Thos.  C.  Fletcher,  Governor  of  the  State  of  Missouri,  have 
hereunto  set  my  hand  and  caused  the  great  seal  of  the  State  of 
Missouri  to  be  affixed  hereto. 

Done  at  the  city  of  Jefferson,  this  14th  day  of  June,  A.  D.,  1 866. 
of  the  independence  of  the  United  States  the  ninetieth, 
and  of  the  State  of  Missouri  the  forty-sixth. 

THOMAS  C.  FLETCHER.     [L.  s.j 

[STATE  SEAL.]        By  the  Governor. 

FBANCIS  RODMAN, 

Secretary  of  State. 

STATE  OF  MISSOURI,  ss. 

Be  it  remembered,  that  Thomas  C.  Fletcher,  who  is  personally 
known  to  the  undersigned,  Clerk  of  the  Supreme  Court  withjj* 


55 

and  for  the  State  aforesaid,  to  be  the  same  person  whose  name  is 
subscribed  to  the  foregoing  deed  as  party  thereto,  this  day  ap- 
peared before  me  and  acknowledged  that  he  executed  and  de- 
livered the  same  as  the  act  and  deed  of  the  State  of  Missouri,  by 
and  through  him,  the  said  Thomas  C.  Fletcher,  as  Governor  of 
said  State,  for  the  uses  and  purposes  therein  contained. 

In  testimony  whereof,  I  hereto  set  my  hand  and  affix  the  seal 
of  our  said  Supreme  Court,  at  office  in  the  city  of  Jeffer- 
[L.S.]        son,  this  fourteenth  day  of  June,  A.  D.  eighteen  hun- 
dred and  sixty- six. 

N.  C.  BURCH,  Clerk. 
Filed  and  recorded  June  15th,  1866. 

JULIUS  CONKAD,  Recorder. 

Not  subject  to  Stamp  Duty.         ) 
WM.  TAUSSIG,  V 

Collector  of  Internal  Revenue.      j 


STATE    OF    MISSOURI,) 

COUNTY  OF  ST.  Louis,       j    ' 

I,  the  undersigned,  Recorder  for  said  County,  certify  that  the 
foregoing  instrument  of  writing  was  filed  for  record  in  my  office 
June  15th,  1866,  and  is  truly  recorded  in  book  320,  page  170. 

Witness  my  hand  and  official  seal,  date  aforesaid. 

[L.S.]  JULIUS  CONRAD,  Recorder. 


STATE    OF    MISSOURI,  ) 
COUNTY  OF  ST.  Louis,       j 

I,  the  undersigned,  Recorder  for  the  said  county,  certify  the 
foregoing  to  be  a  true  and  complete  copy  of  an  instrument  of 
writing  from  the  State  of  Missouri  to  John  C.  Fremont,  and  of 
the  certificate  of  acknowledgment,  and  of  the  date  of  filing  and 
recording  thereof,  as  fully  as  the  same  remains  of  record  in  my 
office,  in  book  320,  page  170. 

Witness   my  hand   and   official   seal,  this   the   19th   day  of 

June,  1866. 
[L.S.]  JULIUS  CONRAD, 

Recorder. 


56 


U.  S.  STAMP. 

$1000 

J.  C.  P. 

June  14.  -fi6. 


Know  oilmen  l>y  these  Presents:  That  we,  John  C.  Fremont 
and  Jessie   Benton  Fremont,  his  wife,  both  of  the  City 
York,  in  the  State  of  New  York,  acting  by  and  through  James 
Taussig,  of  St.  Louis,  Missouri,  our  duly  autliori/ed  attorney,  in 
consideration  of  the  sura  of  one  dollar  to  us  paid  by  Thoma<  ( \ 
Fletcher,  Governor  of  the   State  of  Missouri,   on  belialf  of  said 
State,  the  receipt  whereof  we  do  hereby  acknowledge,  do  give, 
grant,  sell,  transfer  and   assign   unto  the  State  of  ]\[i-^»uri,  the 
Southwest    Pacific   Uailroad    (formerly  known  as  the  South  \: 
Branch  of  the  Pacific  Railroad),  and  all  the  franchises,  privilt 
chosrs  in    action  and  easements  appertaining  to  the   same:   the 
rolling   stock,  cars,  engines,  depots,  machin-  Miiks  and  all 

the  property,  real  and  personal  of  every  description,  belonging 
or  in  any  wise  appertaining  thereto,  and  also  all  the  lands  grant- 
ed by  the  United  States  to  the  State  of  Missouri,  by  an  act  of 
Congr.  ss,  entitled  "An  Act  granting  the  right  of  way  to  the 
itc  of  Missouri,  etc.,"  approved  June  10th,  1852,  and  by  the 
State  granted  to  said  John  C.  Fremont,  by  deed  of  even  dato 
herewith,  and  generally  all  property,  rights,  titles  and  franc! 
appertaining  to  said  Southwest  Branch  Railroad,  which  wer 
quired  by  said  John  C.  Fremont  by  the  formal  deed  of  convey- 
ance' of  the  State  of  Missouri  to  him,  of  even  date  herewith,  and 
hereinafter  particularly  referred  to;  Provided,  nevertJuli**.  and 
this  conveyance  is  made  upon  the  express  condition  that  win- 
on  the  twenty-eighth  day  of  May,  A,  D.  eighteen  hundred  and 
sixty-six,  the  Board  of  Commissioners  of  the  Southwest  Pacific 
Railroad  did,  on  behalf  of  the  State  of  Missouri,  enter  into  a  du. 
plicate  contract  with  said  John  C.  Fremont,  for  the  sale  of  the 
said  Southwest  Pacific  Railroad,  and  all  its  appurtenances,  which 
contract  was  afterwards,  to  wit,  on  the  thirteenth  day  of  June, 
A.  D.  1863,  approved  by  the  Governor,  and  one  copy  whereof  was 
afterwards  filed  in  the  office  of  the  Secretary  of  State,  all  of 
which  proceedings  were  had  in  pursuance  of  the  provisions  of 
the  act  of  the  General  Assembly  of  Missouri  entitled  "  An  Act 
"to  provide  for  the  sale  of  certain  railroads  and  property  by  the 


57 

"Governor,  &c.,"  approved  February  19th,  18C6;  and  whereas, 
in  pursuance  of  the  condition  of  said  contract,  and  the  provisions 
of  said  act,  the  Governor  of  the  State  of  Missouri  has  executed 
and  delivered  to  said  John  C.  Fremont  a  formal  deed  of  convey- 
ance of  the  premises  hereinbefore  described ;  and  whereas  it  is 
provided  in  said  contract,  a  copy  whereof,  duly  certified  by  the 
Secretary  of  State,  is  hereto  attached,  and  made  part  and  parcel 
of  this  deed ;  that  in  consideration  of  the  execution  and  delivery 
of  said  deed,  and  of  the  other  agreements  and  obligations  entered 
into  by  the  State  in  said  contract,  he,  the  said  John  C.  Fremont, 
should  secure  the  portion  of  the  purchase  money  remaining  un- 
paid, to  wit :  the  sum  of  nine  hundred  and  seventy-Jive  thousand 
dollars,  and  the  due  performance  of  the  obligations  by  him  as- 
sumed in  said  contract,  by  a  mortgage  on  the  property  so  to  him 
conveyed ;  Now,  therefore,  if  the  said  John  C.  Fremont,  his  assigns, 
legal  representatives  or  successors,  shall  well  and  truly  pay  to  the 
State  of  Missouri  the  installments  of  the  purchase  money  men- 
tioned in  said  contract  and  remaining  unpaid,  at  or  before  the 
maturity  thereof,  with  interest,  according  to  the  terms  of  said 
contract,  and  if  the  said  John  C.  Fremont,  his  assigns,  successors 
or  legal  representatives,  shall  well  and  truly  perform  each  and 
all  of  the  conditions  and  undertakings  to  be  by  him  performed 
under  said  contract,  then  this  deed  shall  be  absolutely  void  to  all 
intents  and  purposes,  and  the  lien  thereby  created  shall  be  re- 
leased at  the  cost  of  the  said  Fremont  or  his  legal  representatives, 
by  a  deed  of  release  duly  executed  on  behalf  and  in  the  name  of 
the  State,  by  the  Governor  thereof  for  the  time  being.  But  if  the 
said  John  C.  Fremont,  his  'assigns,  successors,  or  legal  represen- 
tatives, shall  fail  to  make  any  of  the  payments  as  in  said  contract 
provided,  or  shall  fail  to  perform  any  of  the  conditions  or  under- 
takings of  said  contract  by  him  to  be  performed,  then  and  in 
such  case  this  deed  shall  remain  in  force,  and  the  Governor  of 
the  State  for  the  time  being  may,  if  in  his  opinion  it  would 
be  to  the  interest  of  the  State,  proceed  to  sell  the  Railroad^ 
its  appurtenances  and  franchises,  as  herein  conveyed,  for  cash 
or  bonds  of  the  State,  at  public  vendue,  at  the  east  front  door 
of  the  Court  House  in  St.  Louis,  Missouri,  first  having  given  no- 
tice of  the  time,  terms  and  place  of  said  sale,  and  of  the  property 
to  be  sold,  by  advertisement  in  one  daily  newspaper  published  in 
each  of  the  cities  of  St.  Louis,  New  York,  Boston,  and  Philadel- 


58 

phia,  for  three  months  prior  to  the  day  of  sale ;  and  upon  such 
sale  the  Governor  of  the  State  shall  execute  and  deliver  to  the 
purchaser  or  purchasers  of  said  Railroad  a  deed  of  conveyance  of 
the  property  sold,  and  out  of  the  proceeds  of  such  sale  the  Gov- 
ernor shall  pay  over  to  the  Treasurer  of  the  State,  or  such  other 
]  i-^on  as  the  General  Assembly  may  designate,  whatever  of  the 
debt  herein  secured  may  then  remain  unpaid,  and  the  balance,  if 
any,  shall  be  paid  over  to  said  John  C.  Fremont  or  his  legal 
representatives.  And  it  is  hereby  covenanted  and  agreed,  that 
until* default  of  the  payment  of  the  said  sums  or  interest  herein 
secured,  or  other  default  as  herein  provided,  the  said  mortgagee 
shall  have  no  right  to  enter  and  take  possession  of  the  prem 
Audit  is  further  covenanted  and  agreed,  by  and  between  the 
parties  hereto,  that  nothing  herein  contained  shall  be  so  construed 
as  to  curtail,  diminish  or  destroy  the  right  of  the  said  John  C. 
Fremont,  his  assigns,  legal  representatives  or  successors,  to  bor- 
row money  for  the  completion  of  said  Southwest  Pacific  Kail- 
road  and  payment  of  the  purchase  money  to  the  State,  in  such 
amounts  and  denominations,  on  such  terms  and  in  such  form  as 
may  be  thought  proper  by  him,  his  assigns  or  successors;  and  to 
secure  tin1  money  SO  borrowed  and  the  evidence  thereof,  whether 
in  the  shape  of  bonds  or  otherwise,  by  mortgage  or  deeds  of  trust, 
or  pledges  <»f  the  finished  or  unfinished  portion  of  the  road  and 
appurtenances  and  lands  acquired  by  said  purchase,  without 
ing  subject  in  relation  to  such  loans,  bonds,  mortgage's,  deeds  of 
trust  and  pledges  to  any  conditions  or  restrictions  enumerated 
in  the  tenth  section  of  the  said  act  of  the  General  Assembly, 
approved  February  19th,  1866,  provided  that  such  loans,  bonds, 
mortgages,  deeds  of  trust  and  pledges  shall  not  in  anywise  im- 
pair the  lien  of  the  State  created  by  these  presents. 

In  testimony  whereof,  the  said  John  C.  Fremont  and  Jessie 
Benton  Fremont  have  hereunto  set  their  hands  and 
affixed  their  seals,  this  fourteenth  day  of  June,  A.  D. 

I860, 

(Signed) 

JOHN  C.  FREMONT,  [SEAL.] 

By  JAMES  TAUSSIG,  his  attorney  in  fact. 

JESSIE  BEXTON  FREMONT,    [SEAL.] 
By  JAMES  TAUSSIG,  her  attorney  in  fact. 


59 

STATE  OF  MISSOURI,  ss. 

Be  it  remembered,  that  on  this  fourteenth  day  of  June,  A.  D. 
1866,  before  me,  the  undersigned,  Clerk  of  the  Supreme  Court  of 
the  State  aforesaid,  appeared  James  Taussig,  who  is  personally 
known  to  me  to  be  the  same  person  whose  name  is  subscribed 
to  the  foregoing  instrument  of  writing  as  party  thereto,  and  ac- 
knowledged the  same  to  be  the  act  and  deed  of  John  C.  Fre- 
mont and  Jessie  Benton  Fremont  by  and  through  the  said 
James  Taussig,  their  attorney  in  fact,  for  the  uses  and  purposes 
therein  mentioned,  and  the  said  James  Taussig  acknowledged 
said  instrument  to  be  his  act  and  deed  as  the  attorney  in  fact  of 
John  C.  Fremont  and  Jessie  Benton  Fremont,  for  the  uses  and 
purposes  therein  mentioned,  and  the  said  James  Taussig  further 
acknowledged  that  by  virtue  and  authority  of  the  power  of  at- 
torney to  him  executed  by  the  said  John  C.  Fremont  and  Jessie 
Benton  Fremont,  he  relinquishes  the  dower  of  said  Jessie  Ben- 
ton  Fremont  in  the  real  estate  in  said  instrument  described  and 
conveyed,  and  that  she,  the  said  Jessie  Benton  Fremont,  through 
her  said  attorney,  relinquishes  her  dower  in  the  real  estate  in 
said  instrument  described,  and  conveys  freely  and  voluntarily 
and  without  compulsion  or  undue  influence  on  the  part  of  her 
eaid  husband. 

In  testimony  whereof,  I  hereto  set  my  hand  and  affixed  the 
seal  of  our  said  Supreme  Court,  at  office  in  the  City  of 
[L.S.]        Jefferson,  this  fourteenth  day  of  June,  A.  D.  1866. 

(Signed)  N.  C.  BURCH, 

Clerk  Supreme  Court  of  Missouri. 

Filed  and  recorded  June  15th,  1866. 

JULIUS  CONEAD,  Recorder. 

STATE    OF    MISSOURI,) 

COUNTY  OF  ST.  Louis,       j  ss'  * 

I,  the  undersigned,  Recorder  for  said  county,  certify  the  fore- 
going to  be  a  true  and  complete  copy  of  an  instrument  of  writ- 
ing from  John  C.  Fremont  to  the  State  of  Missouri,  and  of  the 
certificate  of  acknowledgment  and  of  the  date  of  filing  and  re- 
cording thereof  as  fully  as  the  same  remains  of  record  in  my 
office,  in  book  320,  page  171. 

Witness   my   hand   and   official   seal,   this   the   19th   day   of 

June,  1866. 
[L.S.]  (Signed)       JULIUS  CONRAD,  Recorder. 


60 


DEED, 

J.  C.  Fremont  and  wife  to  the  Southwest 
Pacific  Railroad  Company. 

Tins  INDENTURE,  made  the  twelfth  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-six, 
Between  John  C.  Fremont,  and  Jessie  Benton  Fremont,  his  wife, 
of  the  city,  county  and  state  of  New  York,  of  the  first  part,  and 
the  Southwest  Pacific  Railroad  Company,  a  corpora 
under  and  by  virtue  of  an  act  of  the  General  Assembly  of  the 
state  of  Missouri,  entitled  "An  Act  authorising  the  i  aion 

of  the  purchaser  or  purchasers  of  any  Railroad,  &c."  "a 
March  20th,  1806,"  party  of  the  second  part,  \\itin-SM-th,  that  the 
said  parties  of  the  first  part,  for  and  in  consideration  of 
of  one  million  three  hundred  thousand  dollars,  lawful  money  of 
the  United  States  of  America,  to  them  in  hand  paid  by  the 
party  of  the  second  part,  at  or  before  the  CUM  aling  and  deli 
of  these  presents,  the  receipt  where. » f  i>  hereby  acknowledged, 
hath  granted,  bargained,  sold,  aliened,  remised,  relea>ed,  con- 
veyed and  continued,  and  by  these  presents  doth  grant,  bargain, 
Bell,  alien,  remise,  release,  convey  and  confirm  unto  the  said  party 
of  the  second  part  and  to  its  successors  and  assigns  forever,  til 
the  Southwest  Pacific  .Railroad  formerly  known  as  the  Southwest 
Branch  of  the  Pacific  Railroad,  and  all  the  franchises,  privileges, 
rights,  choses  in  action  and  easements  appertaining  to  the  same, 
the  rolling  stock,  cars,  engines,  depots,  machine  shops,  tanks,  and 
all  property,  real  and  personal,  of  every  description,  belonging  or 
in  anywise  appertaining  thereto,  and  also  all  the  land  granted 
by  the  United  States  to  the  said  state  of  Missouri  to  aid  in  the 
construction  of  said  road,  by  an  act  of  Congress  entitled  "An  Act 
granting  the  right  of  way  to  the  state  of  Missouri  and  a  portion 
of  the  public  lands,  <fcc.,"  approved  June  10th,  1852,  and  which 
by  the  said  state  of  Missouri  were  granted  to  the  said  John  C. 
Fremont,  one  of  said  parties  of  the  first  part,  by  deed  dated  June 
14th,  1866,  and  duly  recorded  in  the  office  of  the  recorder  of  St. 


61 

Louis  county,  state  of  Missouri,  in  book  321,  p.  170,  on  15th  June, 
1866,  and  generally  all  property,  rights,  titles  and  franchises 
appertaining  to  said  Southwest  Branch  Railroad  wliich  were  so 
acquired  by  the  said  Fremont  as  aforesaid,  subject  nevertheless 
to  a  certain  Indenture  of  Mortgage,  bearing  date  the  14th  day  of 
June,  1866,  made  by  the  said  parties  hereto  of  the  first  part  to 
the  state  of  Missouri,  to  secure  the  sum  of  nine  hundred  and 
seventy-five  thousand  dollars,  and  recorded  in  the  office  of  the 
recorder  of  St.  Louis  county,  Missouri,  in  book  320,  p.  171,  which 
mortgage  the  said  party  of  the  second  part  hereby  assumes  and 
agrees  to  pay  as  part  of  the  consideration  money  hereof,  together 
with  all  and  singular  the  tenements,  hereditaments,  and  appur- 
tenances thereunto  belonging  or  in  any  wise  appertaining,  and 
the  reversion  and  reversions,  remainder  and  remainders,  rents, 
issues  and  profits  thereof;  and  also  all  the  estate,  right,  title,  in- 
terest, dower  and  right  of  dower,  property,  possession,  claim  and 
demand  whatsoever,  as  well  in  law  as  in  equity,  of  the  said  par- 
ties of  the  first  part,  of,  in,  or  to  the  above-described  premises, 
and  every  part  and  parcel  thereof,  with  the  appurtenances.  To 
have  and  hold  all  and  singular  the  above-mentioned  and  described 
premises,  together  with  the  appurtenances,  the  said  party  of  the 
second  part,  its  successors  or  assigns  forever. 

In  witness  whereof,  the  said  parties  of  the  first  part  have 
hereunto  set  their  hands  and  seals,  the  day  and  year  first  above 
written. 

J.  C.  FREMONT,  [L.S.] 

JESSIE  BENTON  FREMONT.    [L.S.] 

Sealed  and  delivered  )      CHARLES  NETTLETON, 
in  the  presence  of  j      SUSAN  C.  HASKELL. 


STATE  OF  NEW  YORK,  ) 

CITY  AND  COUNTY  OP  NEW  YORK,  j 

I,  Charles  Nettleton,  Commissioner  of  Missouri  in  New  York, 
do  hereby  certify  that  on  this  twelfth  day  of  September,  A.  D. 
one  thousand  eight  hundred  and  sixty-six,  came  before  me  John 
C.  Fremont  and  Jessie  Benton  Fremont,  his  wife,  who  are  per- 


G2 


ionally  known  to  me  to  be  the  same  persons  whose  names  are 
subscribed  to  the  within  indenture  as  parties  thereto,  ami  sever- 
ally  acknowledged  the  same  to  be  their  act  and  deed  for  the 
purposes  therein  mentioned,  and  the  said  Jessie  Benton  Fremont, 
wife  of  the  said  John  C.  Fremont,  having  been  by  me  first  made 
acquainted  with  the  contents  of  said  indenture,  acknowledged  on 
an  examination  apart  from  her  husband  that  she  executed  the 
same,  and  relinquishes  lier  dower  in  the  real  estate  therein  men- 
tioned freely  and  without  compulsion  or  undue  influence  of  her 
husband.  In  testimony  whereof,  I  have  hereto  set  my  hand  and 
affixed  my  official  seal  the  day  and  year  aforesaid. 


[SEAL.] 


(Signed) 


CHARLES  NETTLETOX, 
Commissioner  for  Missouri  in  New  York. 


$1,300 
Int.  Rev. 

Stamp 
Cancelled. 


[This  deed  is  duly  recorded  in  the  several  counties  of  Missouri 
through  which  the  route  of  the  road  runs  or  in  which  the  lands  lie.] 


63 


MOETGAGE 

OP    THE 

SOUTHWEST  PACIFIC  KAILROAD  COMPANY, 

TO 

JOHN  P.  YELVERTON  AND  CHARLES  H.  WARD. 

THIS  INDENTUEE  OP  MOETGAGE,  made  this  fifteenth  day  of 
September,  in  the  year  of  our  Lord  eighteen  hundred  and  sixty- 
six,  Between  THE  SOUTHWEST  PACIFIC  RAILEOAD  COMPANY,  a 
corporation  created  under  and  by  virtue  of  an  act  of  the  General 
Assembly  of  Missouri,  entitled  "  An  act  authorizing  the  incor- 
poration of  the  purchaser  or  purchasers  of  any  railroad,"  &c.,  ap- 
proved March  20th,  1866,  of  the  first  part,  and  John  P.  Yelver- 
ton  and  Charles  H.  Ward,  of  the  City  of  New  York,  of  the 
second  part 

Witnesseth,  That  whereas  the  said  parties  of  the  first  part 
were  incorporated  as  aforesaid,  for  the  purpose  of  purchasing 
from  John  C.  Fremont,  of  New  York,  and  taking  possession  of 
the  said  Southwest  Pacific  Railroad  (formerly  known  as  the 
Southwest  Branch  of  the  Pacific  Railroad),  theretofore  sold  to 
said  Fremont  by  the  State  of  Missouri,  and  of  the  property,  real 
and  personal,  choses  in  action,  franchises,  rights  and  privileges 
to  the  said  Fremont  conveyed  by  the  said  State  of  Missouri  in 
pursuance  of  such  sale,  and  to  enable  the  said  Fremont  and  his 
associates  to  complete,  furnish,  equip,  operate,  manage,  and  con- 
trol such  road,  and  the  property,  franchises  and  appurtenances 
thereto  belonging,  or  in  anywise  appertaining. 

AND  WHEEEAS,  the  said  John  C.  Fremont  and  Jessie  Benton 
Fremont  his  wife,  did,  by  deed  bearing  date  the  twelfth  day  of 


64 

September,  A.  D.  1866,  and  duly  recorded,  convey  to  the  said 
parties  of  the  first  part,  their  successors  and  assigns,  the  said 
road,  and  all  the  franchises,  privileges,  choses  in  action  and  ease- 
ments appertaining  to  the  same,  the  rolling  stock,  cars,  engines, 
depots,  machine  shops,  tanks  and  all  the  property,  real  and  per- 
sonal, of  every  description  belonging  or  in  anywise  appertaining 
to  said  road,  and  also  all  the  lands  granted  by  the  United  St:. 
to  the  State  of  Missouri  to  aid  in  the  construction  ef  said  road, 
by  an  act  of  Congress,  entitled  "  An  act  granting  the  right  of 
way  to  the  State  of  Missouri,"  &c.,  approved  June  10th,  1852; 
and  by  said  State  granted  to  said  Fremont,  by  deed  dated  June 
14th,  18C6,  and  duly  recorded,  and  generally  all  property,  rights, 
titles  and  franchises  appertaining  to  said  Southwest  Branch  Rail- 
road which  were  so  acquired  by  the  said  Fremont  as  aforesaid. 

AND  WIIEUEAS,  in   and  by  the  contract  of  sale  of  the  said 
Southwest  Pacific  Railroad  and  its  appurtenances,  made  in  pur- 
suance of  an  act  of  the  General  Assembly  of  Missouri,  entitled 
"  An  act  to  provide  for  the  sale  of  certain  railroads  and  property 
by  the  Governor,"  &c.,  approved  February  19th,  1866,  bct\. 
tiir  Hoard  of  Commissioners  of  said  road  on  behalf  of  the  S- 
of  Missouri,  and  the  eaid  Fremont  (which  contract  boars  date 
the  21st  day  of  May,  1866,  and  is  filed  in  the  oflice  of  the  S( 
tary  of  State  of  Missouri),  the  said  Fremont,  his  associates  and 
fissions,  are  authorized  to  borrow  money  for  the  completion  of 
said  road,  and  payment  of  the  purchase  money  to  the  State,  in 
such  amounts  and  denominations,  on  such  terms  and  in  such 
form,  as  they  may  deem  best,  without  being  subject  to  the  re- 
quire  men  ts  or  conditions  of  the  tenth  section  of  said  act. 

AND  WHEREAS  the  said  parties  of  the  first  part,  for  the  pur- 
poses aforesaid,  propose  to  make  and  issue  their  bonds  or  obliga- 
tions in  pursuance  of  such  contract,  and  of  their  legal  rights,  to 
the  extent  of  seven  millions  two  hundred  and  fifty  thousand  dol- 
lars, in  the  manner  hereinafter  mentioned,  and  thereby  to  become 
indebted  to  divers  persons,  bodies  politic  or  corporate  who  shall 
become  holders  thereof;  each  of  such  bonds  to  bear  date  on  the 
fifteenth  day  of  September,  A.  D.  1866,  to  be  for  the  sum  of  one 
thousand  dollars,  or  of  five  hundred  dollars  each,  and  to  be  pay- 
able on  the  fifteenth  day  of  September,  A.  D.  1886,  and  interest 
on  each  of  said  bonds  at  and  after  the  rate  of  seven  per  centum 


65 

per  annum,  to  be  payable  on  the  successive  first  days  of  July 
and  January  in  every  year  until  said  principal  sums  named  in 
said  bonds  respectively,  shall  be  severally  paid,  and  the  principal 
as  well  as  interest  of  all  said  bonds  to  be  payable  in  the  city  of 
"New  York. 

N"OW,  THEKEFOBE,  THIS  INDENTURE  WITNESSETH,  that   the  Said 

parties  of  the  first  part,  for  the  purpose  of  securing  the  payment 
of  the  sums  of  money  mentioned  in  said  bonds  or  obligations, 
and  each  of  them,  with  the  interest  thereon,  according  to  the 
true  intent  and  meaning  thereof,  and  also  for  and  in  consideration 
of  the  sum  of  one  dollar  in  hand  paid  by  said  parties  of  the 
second  part,  the  receipt  whereof  is  hereby  acknowledged,  have 
granted,  bargained,  sold,  remised,  released,  conveyed  and  con- 
firmed, and  by  these  presents  do  grant,  bargain,  sell,  remise,  re- 
lease, convey  and  confirm  unto  the  said  parties  hereto  of  the 
second  part,  and  the  survivor  of  them,  and  to  their  successors  in 
said  trust,  the  Southwest  Pacific  Railroad  (formerly  known  as 
the  Southwest  Branch  of  the  Pacific  Railroad),  including  all  and 
singular  the  several  pieces  or  parcels  of  land,  being  the  roadway, 
stations  and  depots  of  said  road,  as  now  completed  to  Rolla,  in 
the  county  of  Phelps,  and  all  and  singular  the  roadway,  stations 
and  depots  of  said  road  to  be  completed  from  Rolla  aforesaid  to 
a  point  in  the  western  boundary  of  the  State  of  Missouri  south  of 
the  Osage  river,  a  further  distance  of  about  two  hundred  miles, 
and  all  the  franchises,  privileges,  choses  in  action,  and  easements 
appertaining  to  the  same,  the  rolling  stock,  cars,  engines,  depots, 
machine  shops,  tanks  and  all  other  personal  property  of  every 
description,  belonging  or  in  anywise  appertaining  thereto. 

AND  ALSO,  six  hundred  and  eighty-eight  thousand  acres  of 
land,  situate,  lying  and  being  in  the  State  of  Missouri,  adjoining 
and  adjacent  to  the  uncompleted  portion  of  said  road,  parts  and 
parcels  of  the  lands  which  were  granted  by  the  said  act  of  Con- 
gress to  the  State  of  Missouri,  to  aid  in  the  construction  of  said 
road  as  aforesaid,  which  six  hundred  and  eighty-eight  thousand 
acres  of  land  constitute  two-thirds  of  the  land  so  granted  by  the 
said  act  of  Congress,  and  now  unsold,  and  are  to  be  selected  b 
the  parties  to  this  indenture  of  the  first  part,  and  specially  sc 
aside  and  appropriated  to  the  purposes  of  this  mortgage,  anJ 
proper  schedules  and  lists  thereof  prepared,  approved  and  coi* 


66 

firmed,  under  the  corporate  seal  ef  the  parties  of  the  first  part, 
to  be  deposited  with  the  said  parties  of  the  second  part,  so  as  to 
give  to  the  same  the  effect  of  a  particular  and  detailed  descrip- 
tion of  each  separate  piece  or  parcel  of  land  set  forth  in  this  in- 
denture ;  together  with  all  and  singular  the  emoluments,  income 
and  advantages,  tenements,  hereditaments  and  appurtenances 
thereunto  belonging  or  in  anywise  appertaining,  and  the  reversion 
and  reversions,  remainder  and  remainders,  rents,  issues  and  pro- 
fits thereof,  and  also  all  the  estate,  right,  title  and  interest,  pro- 
perty, possession,  claim  and  demand  whatsoever,  at  law  and  in 
equity,  of  the  said  parties  of  the  first  part  of,  in  and  to  the  same, 
and  each  and  every  part  and  parcel  thereof,  with  the  appurten- 
ances. To  have  and  to  hold,  all  and  singular  the  lands,  premises 
and  property  hereby  granted,  or  intended  so  to  be,  and  c.-u-li  and 
every  part  and  parcel  thereof,  with  the  appurtenances,  unto  the 
said  parties  of  the  second  part,  and  the  survivor  of  them  and 
their  successors  in  said  trust,  as  joint  tenants,  and  not  as  tenants 
in  common,  for  the  uses  and  purposes  in  this  indenture  set  forth 
and  declared,  subject  to  the  provisions  and  requirements  of  the 
before  mentioned  act  of  Congress,  and  to  the  several  acts  of  the 
General  Assembly  of  Missouri  relating  to  the  same,  and  subject 
also  to  the  possession,  control  and  management  of  the  directors 
of  the  said  parties  of  the  first  part,  so  long  as  said  bonds  or  obli- 
gations shall  remain  unforfeited  by  the  proper  performance  of  all 
the  stipulations  thereof:  Provided  always,  and  these  presents 
are  upon  the  express  condition  that  if  the  said  parties  of  the 
first  part  shall  well  and  truly  pay  or  cause  to  be  paid  to  the 
holders  of  said  bonds  or  obligations,  and  every  of  them,  the 
principal  sums  of  money  therein  mentioned  according  to  the  true 
intent  and  meaning  of  these  presents,  that  then  and  from  thence- 
forth this  indenture  and  the  estate  hereby  granted  shall  cease, 
determine  and  be  utterly  void. 

AND  THIS  INDENTURE  FURTHER  VTITNESSETII,  that  these  pre- 
sents and  the  said  bonds  or  obligations  are  made,  executed  and 
delivered  upon  the  terms,  conditions  and  agreements  following; 
"hat  is  to  say: 

First. — That  the  actual  possession,  use,  management  and  con. 
«,i'ol  of  the  said  Railroad,  with  all  the  appurtenances  thereto 
belonging1,  shall  be  and  remain  with  the  parties  of  the  first  part, 


67 

so  long  as  the  said  bonds  or  obligations  shall  remain  without 
default  or  forfeiture,  and  the  said  parties  of  the  first  part  shall 
perform  and  keep  the  stipulations  thereof. 

Second. — That  in  case  any  further  grants  of  land  in  said  State 
shall  be  made  by  any  act  or  resolve  of  the  United  States,  or  of 
the  said  State  of  Missouri,  to,  or  shall  be  otherwise  acquired  by, 
the  said  parties  of  the  first  part,  two-thirds  of  the  same  are,  by 
the  said  parties  of  the  first  part,  to  be  conveyed  to  the  said 
parties  of  the  second  part  or  their  successors  in  said  Trust,  to  be 
held  in  mortgage  and  trust,  in  the  same  manner  and  for  the 
same  purposes  as  the  other  lands  which  are  embraced  by  this 
Indenture,  and  the  remaining  third  of  such  lands  are  to  be  held 
by  the  said  parties  of  the  first  part,  and  appropriated  by  them  to 
the  purposes  mentioned  in  the  seventh  article  of  this  Indenture, 
as  hereinafter  set  forth. 

Third. — That  of  the  bonds  to  be  issued  for  the  purpose  afore- 
said, two  millions  thereof,  and  no  more,  shall  be  issued  for  the 
portion  of  the  Road  already  completed  to  Rolla  aforesaid,  and 
the  further  issue  thereof  is  restricted  to  twenty-five  thousand 
dollars  for  each  mile  of  Road  beyond  Rolla,  as  and  after  each 
mile  shall  be  completed ;  and  each  of  said  bonds  shall  be  counter- 
. signed  by  said  parties  of  the  second  part. 

Fourth. — That  the  six  hundred  and  eighty-eight  thousand 
acres  granted  as  aforesaid  shall  be  carefully  valued  and  appraised 
by  the  said  parties  of  the  first  part,  their  officers  and  agents,  and 
the  relative  value  of  each  piece  or  parcel  of  land  established  for 
the  purpose  of  division  and  allotment  thereof,  into  seven  classes 
of  the  following  number  of  acres  and  valuations,  that  is  to  say : 

1st  Class.  Consisting  of  lands  of  developed  lead  mines,  640  acres, 

minimum  valuation  $500  per  acre $320,000 

2d  Class.  Lands  of  lead  mines  not  fully  developed,  but  1st  class, 

1,920  acres,  minimum  valuation  $300  per  acre 576,000 

3d  Class.  Mineral  lands  of  special  value,  containing  iron,  coal,  copper 

and  lead,  25,000  acres,  minimum  valuation  $50  per  acre 1,250,000 

4th  Class.  1st  class  agricultural  lands  situated  near  towns  and  stations, 

12,800  acres,  minimum  valuation  f  30  per  acre 256,000 

6th  Class.  Superior  timber  and  agricultural  lands  from  peculiarity 

of  location  on  line  of  Road,  202,306  acres,  minimum  valuation 

$15  per  acre 3,034,590 

6th  Class.  Superior  agricultural  and  timber  lands,  224,000  acres, 

minimum  valuation  $8  per  acre 1,792,000 

7th  Class.  Good  agricultural  and  timber  lands,  221,334  acres,  minimum 

valuation  $5  per  acre 1,106,670 

Forming  an  aggregate  of  688,000  acres  of $8,335,260 


cs 

All  of  which  the  said  parties  of  the  first  part,  with  as  little  delay 
as  practicable,  shall  certify  and  declare  to  the  said  parties  of  the 
second  part,  by  proper  lists  and  schedules  under  seal,  with  such 
description  as  shall  enable  the  parties  of  the  second  part  to  as- 
certain and  establish  the  precise  location,  position  and  boundaries 
of  each  and  every  piece  or  parcel  of  said  lands,  and  the  class  to 
which  the  same  belongs,  and  the  price  or  sum  for  which  the  same 
may  be  sold  or  conveyed,  which  price  or  sum  may  be  varied  and 
changed  from  time  to  time,  at  the  pleasure  of  said  parties  of  the 
first  part.    Provided,  however,  that  the  selling  price  of  any  piece 
or  parcel  of  land  shall  in  no  case  be  less  than  the  minimum 
valuation  of  the  same  hereinbefore  given,  and  of  the  class  to 
which  it  is  allotted,  until  the  aggregate  sum  actually  realized 
and  received  in  money,  evidences  of  debt,  or  by  the  surrender  of 
the   said   bonds   or   obligations   as   hereinafter   provided,    shall 
amount  to  the  aggregate  valuation  of  any  of  the  classes  above 
set  forth  and  declared,  when  the  said  parties  of  the  first  part  may 
instruct  and  empower  the  said  parties  of  the  second'part  to  sell 
and  convey  any  remaining  pieces  or  parcels  of  land  of  said  c] 
at  such  price  as  they  may  deem  proper,  even  below  the  minimum 
valuation  of  the  class,  but  not  to  alter  or  change  the  mode  of 
selling,  or  the  appropriation  of  the  proceeds  and  receipts  from 
such  sales. 

Fifth. — Tliat  the  parties  of  the  first  part  shall  be  at  all  times 
at  liberty  to  contract  for  the  sale  of  any  of  the  divisions  or  pa: 
of  said  lands,  at  a  price  not  less  than  that  fixed  in  the  valuations 
aforesaid,  and  to  contract  to  receive  payment  therefor  in  cash, 
or  with  the  written  consent  of  the  said  parties  of  the  second  part 
may  give  credit  on  said  sales,  and  upon  the  payment  of  such 
purchase  money  to  said  parties  of  the  second  part,  said  parties  of 
the  second  part  shall,  by  proper  deeds  or  instruments  by  them 
executed,  join  in  a  release  and  conveyance  of  such  parcel  or 
parcels  of  land  to  the  purchasers  thereof,  and  when  and  so  often 
as  from  the  net  proceeds  of  sales  of  said  lands,  after  deducting 
all  charges  connected  with  the  execution  of  said  trust,  there  shall 
remain  in  the  hands  of  said  parties  of  the  second  part  a  sum 
equal  to  forty  thousand  dollars,  said  parties  of  the  second  part 
shall  apply  the  same  to  the  payment  and  discharge  of  the  said 
bonds,  secured  hereby  in  manner  following,  that  is  to  say:  The 
said  parties  of  the  second  part  shall  give  sixty  days'  notice,  by 


69 

publication  in  one  or  more  newspapers  printed  in  Missouri  and 
in  the  city  of  New  York,  of  their  readiness  to  redeem  said  bonds 
at  the  lowest  rates  below,  and  not  exceeding  five  per  cent,  above 
the  par  value  thereof  and  interest  due  thereon,  at  which  the 
holders  of  said  bonds  may  offer  to  sell  the  same,  and  all  bonds 
that  may  be  thus  offered  for  redemption,  shall  be  classified  by  the 
said  parties  of  the  second  part,  and  shall  be  paid  and  discharged 
by  them  in  the  order  of  the  lowest  rates,  within  the  limits  afore-- 
said, at  which  they  may  be  so  offered,  to  the  extent  of  the  sum 
in  the  hands  of  the  said  parties  of  the  second  part,  and  in  case  of 
insufficiency  of  funds  to  pay  and  discharge  all  the  "^onds  of  the 
same  class  offered  for  redemption,  the  said  parties  of  the  second 
part  shall  determine  by  lot  the  bonds  of  such  class  which  shall 
be  entitled  to  be  so  paid  and  discharged ;   and  in  the  event  that 
no  bonds  shall  be  offered  for  redemption  within  the  limits  afore- 
said, or  not  a  sufficient  amount  thereof,  to  absorb  the  sum  in  the 
hands  of  the  said  parties  of  the  second  part,  then  such  sum  or  so 
much  thereof  as  shall  not  have  been  appropriated  in  the  manner 
aforesaid,  shall,  at  the  option  of  the  said  parties  of  the  first  part, 
be  payable  to  the  said  parties  of  the  first  part,  to  be  used  by 
them  in  the  construction  of  said  Road,  upon  their  surrendering 
to  the  said  parties  of  the  second  part,  to  be  cancelled,  an  equal 
amount  of  said  bonds  unissued,  at  the  par  value  thereof,  provided, 
however,  that  by  the  terms  of  this  mortgage,  the  said  parties  of 
the  first  part  shall  have  the  right  at  that  time  to  issue  such  bonds; 
and  in  case  the  said  sum  of  forty  thousand  dollars  shall  not  be 
appropriated  in  any  of  the  ways  above  provided  for,  then  such 
sum  or  so  much  thereof  as  may  not  have  been  so  appropriated 
shall  be  invested  by  said  parties  of  the  second  part  in  United 
States  bonds  and  securities,  which,  with  the  income  thereof,  may 
be  applied  from  time  to  time  to  the  redemption  of  said  bonds,  in 
the  manner  and  within  the  limits  aforesaid,  or  such  securities 
may  be  retained  by  the  said  parties  of  the  second  part,  and  with 
the  income  thereof  accumulated  to  form  a  sinking  fund  for  the 
payment  of  said  bonds,  when  they  shall  become  due  and  payable. 

Sixth. — That  the  holders  of  any  of  the  bonds  hereby  secured, 
shall  have  the  right  at  any  time  to  receive  in  payment  thereof  at 
par  and  interest  any  of  said  parcels  of  land,  except  the  mineral 
lands,  at  the  valuation  so  fixed  as  aforesaid,  at  schedule  rates  at 
time  of  such  payment,  provided  the  same  shall  not  have  been 


70 

previously  sold  or  contracted  to  be  sold,  and  provided  also  that 
the  land  so  taken  in  payment  for  said  bonds,  shall  not,  in  any 
instance,  be  in  quantity  less  or  other  than  the  lots  into  which 
said  lands  have  Leen  divided  for  sale  as  aforesaid,  and  any  ex- 
in  value  of  lands  thus  taken  in  payment,  beyond  such  bonds  and 
interest,  shall  be  paid  by  the  holders  thereof  in  cash,  to  - 
parties  of  the  second  part,  and  in  all  such  cases  of  the  payment 
of  any  of  said  bonds  by  lands  as  aforesaid,  said  parties  of  the 
second  part  shall  and  may  as  well  in  the  names  of  the  parties  of 
the  first  part  as  in  their  own  names,  execute  and  acknoxvl- 
and  deliver  proper  deeds  of  release  or  conveyances  of  the  lands 
so  taken  in  payment  as  aforesaid,  and  all  bonds  received  in  pay- 
ment for  said  lands  or  otherwise  as  aforesaid,  shall  be  by 
parties  of  the  second  part  forthwith  cancelled,  the  corpoi 
of  the  parties  of  the  first  part  taken  therefrom,  and  the  same  be 
filed  anil  preserved  by  said  parties  of  the  second  part. 

Seventh. — That  three  hundred  and  forty-four  thousand  a< 
land,  parts  and  parcels  of  the  lands  which  were  granted  by  the 
said  act  of  Congress  to  the  State  of  Missouri,  to  aid  in  the  con- 
struction of  paid  road,  being  one-third  of  the  lands  »  1  by 
said  State  to  the  said  Fremont,  and  by  said  Fremont  to  said 
parties  of  the  first  part  as  aforesaid,  and  which  are  not  included 
in  this  mortgage,  shall  be  held  and  set  apart  by  the  said  par 
of  the  first  part,  for  purposes  of  sale  from  time  to  time,  and  the 
proceeds  of  such  sales  shall  be  appropriated,  in  case  of  deli  i.  IK  y 
from  other  sources,  to  the  payment  of  interest  of  said  bonds  and 
to  the  maintaining  and  operating  of  said  road,  or  to  the  c 
struction  thereof,  as  the  exigent  •*  cf  the  business  of  said  pa: 
of  the  first  part  may  require,  and  if  not  so  appropriated,  the  pro- 
ceeds of  such  sales  or  the  balance  thereof  after  such  appropriation, 
if  any,  shall  go  to  and  form  part  of  the  sinking  fund  for  the 
redemption  of  said  bonds  hereinbefore  provided  for. 

And  this  Indenture  further  witnesseth,  that  said  parties  of  the 
first  part  do  covenant  and  agree  to  pay  to  the  holders  of  said 
bonds  respectively,  the  said  principal  sums  of  money  therein 
respectively  mentioned,  together  with  the  interest  as  stipulated 
therein ;  and  that  if  default  shall  be  made  in  the  payment  of  the 
interest  of  said  bonds  or  either  of  them,  payment  thereof  beinir 
duly  demanded,  and  said  default  shall  continue  for  the  period  of 
six  months,  or  if  default  shall  be  made  in  the  payment  of  the 
principal  of  said  bonds  or  obligations,  that  then  and  from  the 


71 

forth  it  shall  and  may  be  lawful  for  the  said  parties  of  the  second 
part  to  enter  into  and  upon,  and  take  possession  of  all  and 
singular  the  said  Railroad,  and  all  the  property  included  or 
intended  to  be  included  in  this  mortgage,  and  also  all  the  engines, 
tenders,  cars,  carriages,  tools,  machinery,  and  materials  in  any 
way  belonging  or  appertaining  to  said  road  then  owned  by  the 
said  parties  of  the  first  part,  in  the  same  manner  as  if  the  same 
had  actually  been  included  in  and  held  by  this  Indenture  of 
Mortgage,  and  that  the  said  parties  of  the  second  part  shall,  and 
may  by  themselves,  their  officers  and  agents,  take,  receive,  and 
collect  the  income  and  profits  of  said  railroad,  first  applying  the 
same  to  the  payment  and  discharge  of  all  the  current  expenses 
of  said  railroad,  and  its  needful  repairs,  and  then  to  the  payment 
of  the  interest  and  principal  of  said  bonds  or  obligations  in  such 
manner  as  they  may  deem  proper.  And  further,  that  the  said 
parties  of  the  second  part  having  entered  into  full  possession  of 
the  said  railroad  and  all  the  equipments  thereto  belonging,  as 
above  provided,  may  proceed  to  dispose  of  the  same,  and  all  and 
singular  the  lands  hereinbefore  particularly  set  forth  and  describ- 
ed, remaining  unsold  at  the  time  of  such  entry,  if  any  there  be, 
and  also  each  and  every  piece  or  parcel  of  land  and  premises, 
parts  and  parcels  of  the  lands  so  granted  to  the  State  of  Missouri 
by  the  said  act  of  Congress,  to  aid  in  the  construction  «f  said 
road,  and  which  have  not  been  and  are  not  intended  to  be  in- 
cluded in  this  mortgage,  which  may  then  remain  unsold,  in  the 
same  manner  as  if  said  lands  had  been  included  in  these  presents 
and  mortgaged  for  the  purposes  herein  set  forth  and  declared, 
and  may  make  such  sale  of  the  said  premises,  each  and  every  of 
them,  and  all  benefit  and  equity  of  redemption  of  the  said  parties 
of  the  first  part  therein,  at  public  auction,  after  giving  public 
notice  of  the  time  and  place  of  such  sale,  by  advertising  the 
same  in  one  or  more  newspapers  printed  in  the  State  of  Missouri 
and  in  the  city  of  New  York,  at  least  six  months  before  the  time 
fixed  for  such  sale ;  and  the  said  parties  of  the  second  part,  as  the 
attorneys  of  said  parties  of  the  first  part,  are  hereby  authorized, 
constituted  and  appointed  to  make  and  deliver  to  the  purchaser 
or  purchasers,  good  and  sufficient  deed  or  deeds  of  conveyance 
in  the  law  for  the  same,  in  fee  simple,  and  good  and  sufficient 
transfers  and  assignments  of  such  personal  property j  and  out  of 
the  money  arising  from  such  sale  and  sales,  to  retain  the  principal 
and  interest  which  shall  then  be  due  on  said  bonds  or  obligations, 


72 

for  the  benefit  of  the  holders  thereof,  together  with  the  costs  and 
charges  of  advertisement  and  sale  of  said  premises,  rendering  the 
overplus  of  the  purchase  money,  if  any,  unto  the  said  parties  of 
the  first  part,  their  successors  or  assigns,  which  sale  shall  forever 
be  a  perpetual  bar  against  the  said  parties  of  the  first  part,  their 
successors  and  assigns,  and  all  other  persons  claiming  or  to  claim 
the  premises,  or  any  part  thereof,  by,  from,  or  under  them  or 
either  of  them. 

And  it  is  hereby  mutually  agreed  by  and  between  the  parties 
to  these  presents,  that  the  said  parties  of  the  second  part,  and 
their  successors  in  said  trust,  their  heirs,  executors,  or  administra- 
tors, shall  not  be  answerable  for  the  acts,  defaults,  or  omissions 
of  each  other,  and  that  each  shall  be  responsible  for  gross  negli- 
gence and  willful  default  only. 

And  it  is  further  agreed,  by  and  between  the  said  parties  of 
the  second  part,  that  whenever  a  vacancy  among  said  parties  of 
the  second  part  or  their  successors  shall  occur  by  death,  resigna- 
tion, or  inability  to  discharge  the  duties  of  said  trust,  the  remain- 
ng  Trustee  shall  immediately  proceed  and  make  an  appointment 
of  a  successor  from  among  the  holders  of  said  bonds  or  obligations, 
by  endorsing  such  appointment  in  writing  upon  this  Indenture, 
and  the  person  so  appointed  shall  endorse  his  acceptance  of  siu-h 
appointment  upon  the  Indenture,  and  thereupon  such  person  shall 
become  Trustee  with  the  surviving  or  remaining  party  of  the 
second   part,  and  the  said  surviving  or  remaining  party  of  the 
second  part  shall,  by  appropriate  instruments,  vest  in  the  party 
so  appointed,  the   necessary  legal  estate  and  interest  to  enable 
him  to  execute  said  trust,  and  in  case  said  vacancy  shall  not  be 
filled  within  thirty  days  from  the  occurrence  thereof,  by 
remaining  Trustee  as  aforesaid,  or  in  case  of  the  death  or  i •< 
nation  of  both  of  said  Trustees,  then  and  thereupon  such  vacancy 
or  vacancies  may  be  filled  by  the  parties  of  the  first  part,  from 
among  the  holders  of  said  bonds,  in  the  manner  aforesaid,  such 
bondholder  or  bondholders  so  chosen  as  last  aforesaid  to  fill  such 
vacancy  or  vacancies,  to  be  each  the  bona  fide  owner  of  not  less 
than  twenty  thousand  dollars  of  said  bonds,  at  par  value  thereof. 
All  such  resignations  so  made  as  aforesaid  shall  be  in  writing 
endorsed  hereon,  and  signed  by  the  party  so  resigning,  and  any 
such  disability  certified  hereon  by  the  remaining  Trustee  and 
confirmed  by  the  vote  of  the  Directors  of  the  parties  of  the  first 
part,  shall  be  taken  and  deemed  to  bo  conclusive  in  the  premises. 


73 

And  it  is  further  agreed  by  said  parties  of  the  first  part,  that 
they,  their  successors,  and  all  and  every  person  or  persons  whom- 
soever legally  or  equitably  deriving  any  estate,  right,  title  or 
interest  of,  in,  or  to  the  premises  hereinbefore  granted  by,  from, 
under  or  in  trust  for  them,  shall  and  will,  at  any  time  or  times 
hereafter,  upon  the  reasonable  request  and  at  the  proper  costs 
and  charges  in  the  law  of  the  said  parties  of  the  second  part, 
their  heirs  and  assigns,  make,  do  and  execute,  and  cause  to  be 
mp.de,  done  and  executed,  all  and  every  such  further  and  other 
reasonable  acts,  conveyances  and  assurances  in  the  law  for  the 
better  and  more  effectually  vesting  and  confirming  the  premises 
hereby  granted  or  intended  so  to  be,  in  and  to  the  said  parties  of 
the  second  part,  their  heirs  and  assigns  forever,  as  by  the  said 
parties  of  the  second  part,  their  heirs  or  assigns,  or  their  counsel 
learned  in  the  law,  shall  be  reasonably  desired,  advised  or 
required. 

And  it  is  further  agreed,  that  the  parties  of  the  second  part 
and  their  successors  in  this  trust,  shall  and  may,  from  out  of  the 
funds  in  their  hands,  retain  a  just  and  reasonable  compensation 
for  their  services. 

And  it  is  further  agreed,  that  the  mortgage  stamps  required 
by  the  United  States  Revenue  Laws,  instead  of  being  placed  on 
this  mortgage,  shall  be  placed  on  the  bonds  secured  thereby  as 
the  same  shall  be  issued. 

And  the  said  parties  of  the  second  part  do  hereby  severally 
accept  the  trusts  herein  mentioned,  and  covenant  faithfully  to 
administer  and  execute  the  same. 

In  witness  whereof,  the  Southwest  Pacific  Railroad 
Company  have  caused  their  corporate  seal  to  be 
hereto  affixed,  and  the  same  to  be  signed  by  John 
seni  i  C.  Fremont,  their  President,  and  William  A. 
R'.  R.'CO.  j"  Stephens,  their  Treasurer,  for  that  purpose  duly 
authorized;  and  the  said  parties  of  the  second  part 
have  hereto  set  their  hands  and  seals  the  day  and 
year  first  above  mentioned. 


Executed  and  delivered  ) 
in  presence  of  J 


JOHN  C.  FREMONT,  President. 
WM.  A.  STEPHENS,  Treasurer. 
JOHN  P.  YELVERTON,  Trustee,    [seal] 
CHAS.  H.  WARD,  Trustee,    [seal.] 


[Subsequent  to  the  various  acts  hereinbefore  mentioned,  an  act 
of  Congress,  approved  July  27th,  1866,  created  the  Atlantic  and 
Pacific  Railroad  Company  (with  a  land  grant  of  about  55,000,- 
000  of  acres  to  aid  in  the  construction  of  their  road  to  the 
Pacific  Ocean,  by  the  35th  parallel,  as  an  extension  of  the  South- 
west Pacific  Railroad),  into  which  the  Southwest  Pacific  Rail- 
road has  been  consolidated  and  merged,  and  which  organization 
partakes  of  all  the  rights  and  powers  hitherto  possessed  by  the 
Southwest  Pacific  Railroad  Company.] 


